fifty fifth day - washingtonleg.wa.gov/senate/sdj/documents/2010/sj_10_055.pdf · 2014-10-31 ·...

JOURNAL OF THE SENATE 1

FIFTY FIFTH DAY, MARCH 6, 2010 2010 REGULAR SESSION

FIFTY FIFTH DAY

MORNING SESSION

Senate Chamber, Olympia, Saturday, March 6, 2010

The Senate was called to order at 8:30 a.m. by President

Owen. The Secretary called the roll and announced to the

President that all Senators were present with the exception of

Senator McCaslin.

The Sergeant at Arms Color Guard consisting of Interns

Carrie Locken and Amanda Livesay, presented the Colors.

Senator Morton offered the prayer.

MOTION

On motion of Senator Eide, the reading of the Journal of the

previous day was dispensed with and it was approved.

MOTION

There being no objection, the Senate advanced to the first

order of business.

REPORTS OF STANDING COMMITTEES

March 5, 2010

SB 6143 Prime Sponsor, Senator Prentice: Relating to

revenue and taxation. Reported by Committee on Ways &

Means

MAJORITY recommendation: That Substitute Senate Bill

No. 6143 be substituted therefor, and the substitute bill do

pass. Signed by Senators Prentice, Chair; Fraser, Vice

Chair, Capital Budget Chair; Fairley; Keiser; Kline;

Kohl-Welles; McDermott; Murray; Oemig; Pridemore;

Regala and Rockefeller.

MINORITY recommendation: Do not pass. Signed by

Senators Zarelli; Brandland; Carrell; Hewitt; Honeyford;

Parlette; Pflug and Schoesler.

Passed to Committee on Rules for second reading.

March 5, 2010

SB 6874 Prime Sponsor, Senator Tom: Providing

funding for the basic health plan by increasing the taxes on

certain tobacco products and facilitating the funding within the

state expenditure limit. Reported by Committee on Ways &

Means

MAJORITY recommendation: That Substitute Senate Bill

No. 6874 be substituted therefor, and the substitute bill do

pass. Signed by Senators Prentice, Chair; Fraser, Vice

Chair, Capital Budget Chair; Tom, Vice Chair, Operating

Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles;

McDermott; Murray; Oemig; Regala and Rockefeller.

MINORITY recommendation: Do not pass. Signed by

Senators Zarelli; Carrell; Hewitt; Pflug and Schoesler.

MINORITY recommendation: That it be referred without

recommendation. Signed by Senator Honeyford.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Eide, all measures listed on the

Standing Committee report were referred to the committees as

designated.

MOTION

On motion of Senator Eide, the Senate advanced to the fourth

order of business.

MESSAGE FROM THE HOUSE

March 5, 2010

MR. PRESIDENT: The House has passed:

SUBSTITUTE SENATE BILL 6361,

SENATE BILL 6540 and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk


March 5, 2010

MR. PRESIDENT: The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL 3209 and the same is herewith transmitted.


MOTION

On motion of Senator Eide, the Senate advanced to the fifth

order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 2488 by House Committee on Transportation

(originally sponsored by Representatives Moeller, Morrell and

Hasegawa)

AN ACT Relating to vehicle and vessel quick title; adding a

new section to chapter 46.12 RCW; adding a new section to

chapter 46.68 RCW; adding new sections to chapter 88.02

RCW; creating a new section; and providing an effective

date.

Referred to Committee on Transportation.

ESHB 3132 by House Committee on General Government

Appropriations (originally sponsored by Representative Van De

Wege)

AN ACT Relating to eliminating the Columbia River Gorge

Compact; adding a new section to chapter 43.97 RCW; and

creating a new section.

Referred to Committee on Ways & Means.

2 JOURNAL OF THE SENATE

ESHB 3182 by House Committee on Ways & Means

(originally sponsored by Representatives Alexander, DeBolt,

Armstrong, Kristiansen, Pearson, Bailey, Rodne, Johnson, Short,

Dammeier, Taylor, Crouse, Nealey, Walsh, Roach, Warnick,

Klippert, Parker, Ross, Haler, Fagan, Orcutt, Schmick, Angel,

Smith, Shea, Ericksen and Kretz)

AN ACT Relating to state mandates on political subdivisions

of the state; amending RCW 28A.225.015, 28A.225.020,

28A.225.025, 28A.225.030, 28A.225.151, 35.22.620,

36.27.020, 36.34.010, 39.44.210, 84.14.100, and 84.40.175;

creating new sections; repealing RCW 43.19.691; and

providing an effective date.

Referred to Committee on Ways & Means.

MOTION

On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

MOTION TO LIMIT DEBATE

Senator Eide: “Mr. President, I move that the members of the

Senate be allowed to speak but once on each question before the

Senate, that such speech be limited to three minutes and that

members be prohibited from yielding their time, however, the

maker of a motion shall be allowed to open and close debate. This

motion shall be in effect through March 6, 2010.”

The President declared the question before the Senate to be

the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited

through March 6, 2010 by voice vote.

MOTION

At 8:45 a.m., on motion of Senator Eide, the Senate was

declared to be at ease subject to the call of the President.

The Senate was called to order at 11:07 a.m. by President

Owen.

MOTION

On motion of Senator Eide, the Senate advanced to the eighth

order of business.

MOTION

Senator Jacobsen moved adoption of the following

resolution:

SENATE RESOLUTION

8714

By Senator Jacobsen

WHEREAS, To celebrate the strong ties between the City of

Seattle and the Kingdom of Sweden, the Swedish Consulate in

Seattle in conjunction with the Swedish Embassy, the Nordic

Heritage Museum, and the Swedish Cultural Center has declared

May 3rd through May 9th, 2010, Seattle Sweden Week; and

WHEREAS, The goal of Sweden Week is to honor the strong

and enduring relationship between Sweden and the Pacific

Northwest and to recognize the many contributions that

Swedish-Americans have made to Washington State's history,

culture, business, arts, and its people; and

WHEREAS, Swedish immigrants and their descendants have

made a profound impact by furthering the proud democratic

traditions and creative contributions that have defined the United

States and made our country a beacon of liberty and progress to the

world; and

WHEREAS, To underline the influence of Sweden in Seattle,

Sweden Week will showcase Swedish film, music, literature, food,

fashion, and other forms of creative expression; and

WHEREAS, Among the many prominent and distinguished

visitors to participate in Sweden Week, Seattle will have the great

honor of receiving Her Royal Highness Princess Madeleine of

Sweden and His Excellency the Swedish Ambassador to the United

States, Mr. Jonas Hafström; and

WHEREAS, Sweden Week will commemorate Swedish

Hospital's centennial, the centennial of the University of

Washington's Scandinavian Department and the five Nobel

Laureates connected to the Fred Hutchinson Cancer Research

Center and the University of Washington; and

WHEREAS, The Nordic Heritage Museum, in partnership with

the Ethnic Heritage Council, Washington State Jewish Historical

Society, the Jewish Federation of Seattle, and the Washington State

Holocaust Education Resource Center, will honor the legacy of

Raoul Wallenberg and his humanitarian efforts during World War II

to rescue Jews from the Holocaust; and

WHEREAS, Sweden Week will also include a three-day

conference focusing on sharing ideas and knowledge between

Swedish and American businesses, specifically in the business

sectors of clean technology, sustainable development, modern

medical technology, and information technology, areas in which

both Sweden and the Pacific Northwest transcend;

NOW, THEREFORE, BE IT RESOLVED, That the

Washington State Senate does hereby acknowledge and honor the

long-standing ties between the people of our State and the people of

the Kingdom of Sweden; and

BE IT FURTHER RESOLVED, That copies of this resolution

be immediately transmitted by the Secretary of the Senate to the

Embassy of Sweden, the Swedish Consulate in Seattle, the

Swedish-American Chambers of Commerce, the Nordic Heritage

Museum, and the Swedish Cultural Center.

Senator Jacobsen spoke in favor of adoption of the resolution.


the adoption of Senate Resolution No. 8714.

The motion by Senator Jacobsen carried and the resolution

was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Eric Nelson, former

Director of the Nordic Heritage Museum; Karin Luton, Consular

Assistant, Honorary Consulate of Sweden in Seattle; Kate

Westlin, Consular Trainee, Honorary Consulate of Sweden in

Seattle who were seated in the gallery.

MOTION

On motion of Senator Eide, the Senate reverted to the fourth

order of business.


March 3, 2010

MR. PRESIDENT:



The House passed SUBSTITUTE SENATE BILL NO. 5668 with the following amendment(s): 5668-S AMH ENGR H5334.E 5668-S AMH ENGR H5334.E,

Strike everything after the enacting clause and insert the

following:

"NEW SECTION. Sec. 1. The legislature finds that adding

requirements to the use of consignment contracts and listing dealer

agreements for the sale of manufactured/mobile homes is necessary

to protect the interests of homeowners, especially those who are

elderly.

The legislature intends this act to ensure a transparent

transaction between the parties involved in the sale of a used

manufactured/mobile home.

NEW SECTION. Sec. 2. A new section is added to chapter

46.70 RCW to read as follows:

(1) As used in this section:

(a) "Consignment" means an arrangement where a vehicle

dealer accepts delivery or entrustment of a used

manufactured/mobile home and agrees to sell the used

manufactured/mobile home on behalf of another.

(b) "Listing agreement" means a contract between a seller of a

used manufactured/mobile home and a listing dealer to locate a

willing buyer for the used manufactured/mobile home.

(2) The consignment contract used under this section must state

the minimum agreed upon amount which will be paid to the

consignor and the maximum percentage or dollar value of

commission to be paid to the listing dealer or other vehicle dealer for

the sale of the used manufactured/mobile home. The listing dealer

or other vehicle dealer shall remit to the consignor any moneys

received above and beyond the agreed upon maximum percentage

or dollar value of commission.

(3) The listing agreement used under this section must state the

maximum percentage or dollar value of commission to be paid to

the listing dealer or other vehicle dealer for the sale of the used

manufactured/mobile home.

(4) The listing dealer or other vehicle dealer shall negotiate the

purchase agreement between the seller and buyer of the used

manufactured/mobile home, which must include the following

procedure:

(a) All written purchase offers bearing the buyer's signature

must immediately be delivered to the seller for acceptance or

refusal.

(b) The seller accepts the purchase agreement by signing the

offer. A copy of the purchase agreement must be delivered to the

buyer immediately following the seller signing and accepting the

offer as proof that the buyer's purchase offer was accepted.

(c) Any counteroffers or amendments to the purchase

agreement must also bear the signatures of both the buyer and seller,

and copies of the counteroffers or amendments must be delivered to

each party.

(5) The listing dealer or other vehicle dealer must follow all

other requirements under this chapter.



A listing dealer or other vehicle dealer of manufactured/mobile

homes acting on behalf of a seller for the sale and transfer of a used

manufactured/mobile home shall complete and attach to any listing

agreement the following notice:

NOTICE

The description and physical location of the used

manufactured/mobile home to be sold under this

listing agreement is.

The commission to be paid to the listing dealer or

other vehicle dealer for the sale of the used

manufactured/mobile home is

Any changes to the commission to be paid to the

listing dealer or other vehicle dealer for the sale of

the used manufactured/mobile home must be .

Sec. 4. RCW 46.70.028 and 2000 c 131 s 2 are each amended

to read as follows:

Dealers who transact dealer business by consignment shall

obtain a consignment contract for sale and shall comply with

applicable provisions of this chapter ((46.70 RCW)). The dealer

shall place all funds received from the sale of the consigned vehicle

in a trust account until the sale is completed, except that the dealer

shall pay any outstanding liens against the vehicle from these funds.

Where title has been delivered to the purchaser, the dealer shall pay

the amount due a consignor within ten days after the sale.

However, in the case of a consignment from a licensed vehicle

dealer from any state, the wholesale auto auction shall pay the

consignor within twenty days. Dealers are also subject to the

requirements of sections 2 and 3 of this act when engaged in the

consignment of a used manufactured/mobile home.


to read as follows:

Listing dealers shall transact dealer business by obtaining a

listing agreement for sale, and the buyer's purchase of the mobile

home shall be handled as dealer inventory. All funds from the

purchaser shall be placed in a trust account until the sale is

completed, except that the dealer shall pay any outstanding liens

against the mobile home from these funds. Where title has been

delivered to the purchaser, the listing dealer shall pay the amount

due a seller within ten days after the sale of a listed mobile home. A

complete account of all funds received and disbursed shall be given

to the seller or consignor after the sale is completed. The sale of

listed mobile homes imposes the same duty under RCW 46.70.122

on the listing dealer as any other sale. Listing dealers are also subject

to the requirements of sections 2 and 3 of this act."

Correct the title.

and the same are herewith transmitted.


MOTION

Senator Marr moved that the Senate refuse to concur in the

House amendment(s) to Substitute Senate Bill No. 5668 and ask

the House to recede therefrom.

Senators Marr spoke in favor of the motion.

MOTION

On motion of Senator Brandland, Senator McCaslin was

excused.

MOTION

On motion of Senator Marr, Senator Prentice was excused.


motion by Senator Marr that the Senate refuse to concur in the



The motion by Senator Marr carried and the Senate refused to

concur in the House amendment(s) to Substitute Senate Bill No.

5668 and asked the House to recede therefrom by voice vote.



March 3, 2010

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 6345

with the following amendment(s): 6345-S AMH ROAD MUNN

281 6345-S AMH ROAD MUNN 281,

On page 4, beginning on line 23, strike all of section 3

Renumber the remaining sections consecutively and correct

any internal references accordingly. Correct the title.



MOTION

Senator Haugen moved that the Senate refuse to concur in the




motion by Senator Haugen that the Senate refuse to concur in the



The motion by Senator Haugen carried and the Senate

refused to concur in the House amendment(s) to Substitute Senate

Bill No. 6345 and asked the House to recede therefrom by voice

vote.


March 4, 2010

MR. PRESIDENT:


with the following amendment(s): 6350-S AMH WAYS H5477.1

6350-S AMH WAYS H5477.1,


following:

"NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Native American tribes have depended on the state's marine

waters and its resources for countless generations and continue to do

so for cultural, spiritual, economic, and subsistence purposes.

(b) The state has long demonstrated a strong commitment to

protecting the state's marine waters, which are abundant in natural

resources, contain a treasure of biological diversity, and are a source

of multiple uses by the public supporting the economies of nearby

communities as well as the entire state. These multiple uses

include, but are not limited to: Marine-based industries and

activities such as cargo, fuel, and passenger transportation;

commercial, recreational, and tribal fishing; shellfish aquaculture;

telecommunications and energy infrastructure; seafood processing;

tourism; scientific research; and many related goods and services.

These multiple uses as well as new emerging uses, such as

renewable ocean energy, constitute a management challenge for

sustaining resources and coordinating state decision making in a

proactive, comprehensive and ecosystem-based manner.

(c) Washington's marine waters are part of a west coast-wide

large marine ecosystem known as the California current, and the

Puget Sound and Columbia river estuaries constitute two of the

three largest estuaries that are part of this large marine ecosystem.

Puget Sound and the Columbia river are estuaries of national

significance under the national estuary program, and the outer coast

includes the Olympic national marine sanctuary.

(d) Washington is working in cooperation with the states of

Oregon and California and federal agencies on ocean and ocean

health management issues through the west coast governors'

agreement on ocean health, and with the government of British

Columbia on shared waters management issues through the British

Columbia-Washington coastal and ocean task force.

(e) Washington has initiated comprehensive management

programs to protect and promote compatible uses of these waters.

These include: The development of a comprehensive

ecosystem-based management plan known as the Puget Sound

action agenda; shoreline plans for shorelines around the state;

management plans for state-owned aquatic lands and their

associated waters statewide; and watershed and salmon recovery

management plans in the upland areas of Puget Sound, the coast,

and the Columbia river. Data and data management tools have also

been developed to support these management and planning

activities, such as the coastal atlas managed by the department of

ecology and the shore zone database managed by the department of

natural resources.

(f) For marine waters specifically, Washington has formed

several mechanisms to improve coordination and management. A

legislatively authorized task force formed by the governor identified

priority recommendations for improving state management of ocean

resources through Washington's ocean action plan in 2006. The

governor further formed an ongoing interagency team that assists

the department of ecology in implementing these recommendations.

There is an extensive network of marine resources committees

within Puget Sound and on the outer coast and the Columbia river to

promote and support local involvement identifying and conducting

local priority marine projects and some have been involved in local

planning and management. Through the Olympic coast

intergovernmental policy council, the state has also formalized its

working relationship with coastal tribes and the federal government

in the management of the Olympic coast national marine sanctuary.

(g) Reports by the United States commission on oceans policy,

the Pew oceans commission, and the joint oceans commission

initiative recommend the adoption of a national ocean policy under

which states and coastal communities would have a principal role in

developing and implementing ecosystem-based management of

marine waters. Acting on these recommendations, the president of

the United States recently formed an interagency ocean policy task

force charged with developing a national ocean policy and a

framework for marine spatial planning that involves all

governmental levels, including state, tribal, and local governments.

To further develop and implement such a planning framework, it is

anticipated that federal cooperation and support will be available to

coastal states that are engaged in marine and coastal resource

management and planning, including marine spatial planning.

(2) The purpose of this chapter is to build upon existing

statewide Puget Sound, coastal, and Columbia river efforts. When

resources become available, the state intends to augment the marine

spatial component of existing plans and to improve the coordination

among state agencies in the development and implementation of

marine management plans.

(3) It is also the purpose of this chapter to establish policies to

guide state agencies and local governments when exercising

jurisdiction over proposed uses and activities in these waters.

Specifically, in conducting marine spatial planning, and in

augmenting existing marine management plans with marine spatial

planning components, the state must:

(a) Continue to recognize the rights of native American tribes

regarding marine natural resources;

(b) Base all planning on best available science. This includes

identifying gaps in existing information, recommend a strategy for

acquiring science needed to strengthen marine spatial plans, and

create a process to adjust plans once additional scientific

information is available;

(c) Coordinate with all stakeholders, including marine resources

committees and nongovernmental organizations, that are



significantly involved in the collection of scientific information,

ecosystem protection and restoration, or other activities related to

marine spatial planning;

(d) Recognize that marine ecosystems span tribal, state, and

international boundaries and that planning has to be coordinated

with all entities with jurisdiction or authority in order to be effective;

(e) Establish or further promote an ecosystem-based

management approach including linking marine spatial plans to

adjacent nearshore and upland spatial or ecosystem-based plans;

(f) Ensure that all marine spatial plans are linked to measurable

environmental outcomes;

(g) Establish a performance management system to monitor

implementation of any new marine spatial plan;

(h) Establish an ocean stewardship policy that takes into account

the existing natural, social, cultural, historic, and economic uses;

(i) Recognize that commercial, tribal, and recreational fisheries,

and shellfish aquaculture are an integral part of our state's culture

and contribute substantial economic benefits;

(j) Value biodiversity and ecosystem health, and protect special,

sensitive, or unique estuarine and marine life and habitats, including

important spawning, rearing, and migration areas for finfish, marine

mammals, and productive shellfish habitats;

(k) Integrate this planning with existing plans and ongoing

planning in the same marine waters and provide additional

mechanisms for improving coordination and aligning management;

(l) Promote recovery of listed species under state and federal

endangered species acts plans pursuant to those plans; and

(m) Fulfill the state's public trust and tribal treaty trust

responsibilities in managing the state's ocean waters in a sustainable

manner for current and future generations.

NEW SECTION. Sec. 2. The definitions in this section

apply throughout this chapter unless the context clearly requires

otherwise.

(1) "Aquatic lands" includes all tidelands, shorelands, harbor

areas, and the beds of navigable waters, and must be construed to be

coextensive with the term "aquatic lands" as defined in RCW

79.105.060.

(2) "Exclusive economic zone waters" means marine waters

from the offshore state boundary to the boundary of the exclusive

economic zone, over which the United States government has

primary jurisdiction.

(3) "Marine counties" includes Clallam, Jefferson, Grays

Harbor, Wahkiakum, San Juan, Whatcom, Skagit, Island,

Snohomish, King, Pierce, Thurston, Mason, Kitsap, and Pacific

counties.

(4) "Marine ecosystem" means the physical, biological, and

chemical components and processes and their interactions in marine

waters and aquatic lands, including humans.

(5) "Marine interagency team" or "team" means the marine

interagency team created under section 3 of this act.

(6) "Marine management plan" and "marine waters

management plan" means any plan guiding activities on and uses of

the state's marine waters, and may include a marine spatial plan or

element.

(7) "Marine resources committees" means those committees

organized under RCW 36.125.020 or by counties within the

Northwest straits marine conservation initiative.

(8) "Marine spatial planning" means a public process of

analyzing and allocating the spatial and temporal distribution of

human activities in marine areas to achieve ecological, economic,

and social objectives. Often this type of planning is done to reduce

conflicts among uses, to reduce environmental impacts, to facilitate

compatible uses, to align management decisions, and to meet other

objectives determined by the planning process.

(9) "Marine waters" means aquatic lands and waters under tidal

influence, including saltwaters and estuaries to the ordinary high

water mark lying within the boundaries of the state. This definition

also includes the portion of the Columbia river bordering Pacific and

Wahkiakum counties, Willapa Bay, Grays Harbor, the Strait of Juan

de Fuca, and the entire Puget Sound.

NEW SECTION. Sec. 3. (1) The office of the governor shall

chair a marine interagency team that is composed of representatives

of each of the agencies in the governor's natural resources cabinet

with management responsibilities for marine waters, including the

independent agencies. A representative from a federal agency with

lead responsibility for marine spatial planning must be invited to

serve as a liaison to the team to help ensure consistency with federal

actions and policy. The team must conduct the assessment

authorized in section 4 of this act, assist state agencies under section

5 of this act with the review and coordination of such planning with

their existing and ongoing planning, and conduct the marine

management planning authorized in section 6 of this act.

(2) The team may not commence any activities authorized

under sections 5 and 6 of this act until federal, private, or other

nonstate funding is secured specifically for these activities.

NEW SECTION. Sec. 4. (1) The marine interagency team

created in section 3 of this act must assess and recommend a

framework for conducting marine spatial planning and integrating

the planning into existing management plans. The assessment

must include, but not be limited to, recommendations for:

(a) Including a marine spatial component into the Puget Sound

action agenda;

(b) Integrating marine spatial planning into management efforts

for the Columbia river estuary, working with the state of Oregon;

and

(c) Developing a marine management plan containing a marine

spatial component for the outer coast, to be incorporated within the

comprehensive marine management plan authorized under section 6

of this act.

(2) The assessment authorized under subsection (1) of this

section must also:

(a) Summarize existing goals and objectives for: Plans in

Puget Sound, the Columbia river estuary, and the outer coast,

including the Puget Sound action agenda; shoreline plans for

shorelines around the state; management plans for state-owned

aquatic lands and their associated waters statewide; and watershed

and salmon recovery management plans;

(b) Develop recommended goals and objectives for marine

spatial planning that integrate with existing policies and regulations,

and recommend a schedule to develop marine ecosystem health

indicators, considering the views and recommendations of affected

stakeholders and governmental agencies;

(c) Summarize how the existing goals and objectives as well as

recommended goals and objectives are consistent or inconsistent

with those adopted by other states for the west coast large marine

ecosystem, and with those goals and objectives articulated in

relevant national oceans policies and the national framework for

marine spatial planning;

(d) Identify the existing management activities and spatial data

related to these priorities and objectives and the key needs for

incorporating marine spatial planning into existing statewide plans;

and

(e) Provide recommendations on achieving a unified approach

to database management and delivery that would support marine

spatial planning throughout the state.

(3) The results of this assessment must be provided to the

appropriate legislative committees by December 15, 2010.

(4) This section expires June 30, 2011.


NEW SECTION. Sec. 5. (1) Concurrently or prior to the

assessment and planning activities provided in sections 4 and 6 of

this act, and subject to available federal, private, or other nonstate

funding for this purpose, all state agencies with marine waters

planning and management responsibilities are authorized to include

marine spatial data and marine spatial planning elements into their

existing plans and ongoing planning.

(2) The director of the Puget Sound partnership under the

direction of the leadership council created in RCW 90.71.220 must

integrate marine spatial information and planning provisions into

the action agenda. The information should be used to address gaps

or improve the effectiveness of the spatial planning component of

the action agenda, such as in addressing potential new uses such as

renewable energy projects.

(3) The governor and the commissioner of public lands,

working with appropriate marine management and planning

agencies, should work cooperatively with the applicable west coast

states, Canadian provinces, and with federal agencies, through

existing cooperative entities such as the west coast governor's

agreement on ocean health, the coastal and oceans task force, the

Pacific coast collaborative, the Puget Sound federal caucus, and the

United States and Canada cooperative agreement working group, to

explore the benefits of developing joint marine spatial plans or

planning frameworks in the shared waters of the Salish Sea, the

Columbia river estuary, and in the exclusive economic zone waters.

The governor and commissioner may approve the adoption of

shared marine spatial plans or planning frameworks where they

determine it would further policies of this chapter and chapter

43.143 RCW.

(4) On an ongoing basis, the director of the department of

ecology shall work with other state agencies with marine

management responsibilities, tribal governments, marine resources

committees, local and federal agencies, and marine waters

stakeholders to compile marine spatial information and to

incorporate this information into ongoing plans. This work may be

integrated with the comprehensive marine management plan

authorized under section 6 of this act when that planning process is

initiated.

(5) All actions taken to implement this section must be

consistent with section 8 of this act.

NEW SECTION. Sec. 6. (1) Upon the receipt of federal,

private, or other nonstate funding for this purpose, together with any

required match of state funding that may be specifically provided for

this purpose, the marine interagency team shall coordinate the

development of a comprehensive marine management plan for the

state's marine waters. The marine management plan must include

marine spatial planning, as well as recommendations to the

appropriate federal agencies regarding the exclusive economic zone

waters. The plan may be developed in geographic segments, and

may incorporate or be developed as an element of existing marine

plans, such as the Puget Sound action agenda. The chair of the

team may designate a state agency with marine management

responsibilities to take the lead in developing and recommending to

the team particular segments or elements of the comprehensive

marine management plan.

(2) The marine management plan must be developed and

implemented in a manner that:

(a) Recognizes and respects existing uses and tribal treaty

rights;

(b) Promotes protection and restoration of ecosystem processes

to a level that will enable long-term sustainable production of

ecosystem goods and services;

(c) Addresses potential impacts of climate change and sea level

rise upon current and projected marine waters uses and shoreline

and coastal impacts;

(d) Fosters and encourages sustainable uses that provide

economic opportunity without significant adverse environmental

impacts;

(e) Preserves and enhances public access;

(f) Protects and encourages working waterfronts and supports

the infrastructure necessary to sustain marine industry, commercial

shipping, shellfish aquaculture, and other water-dependent uses;

(g) Fosters public participation in decision making and

significant involvement of communities adjacent to the state's

marine waters; and

(h) Integrates existing management plans and authorities and

makes recommendations for aligning plans to the extent practicable.

(3) To ensure the effective stewardship of the state's marine

waters held in trust for the benefit of the people, the marine

management plan must rely upon existing data and resources, but

also identify data gaps and, as possible, procure missing data

necessary for planning.

(4) The marine management plan must include but not be

limited to:

(a) An ecosystem assessment that analyzes the health and status

of Washington marine waters including key social, economic, and

ecological characteristics and incorporates the best available

scientific information, including relevant marine data. This

assessment should seek to identify key threats to plan goals, analyze

risk and management scenarios, and develop key ecosystem

indicators. In addition, the plan should incorporate existing

adaptive management strategies underway by local, state, or federal

entities and provide an adaptive management element to incorporate

new information and consider revisions to the plan based upon

research, monitoring, and evaluation;

(b) Using and relying upon existing plans and processes and

additional management measures to guide decisions among uses

proposed for specific geographic areas of the state's marine and

estuarine waters consistent with applicable state laws and programs

that control or address developments in the state's marine waters;

(c) A series of maps that, at a minimum, summarize available

data on: The key ecological aspects of the marine ecosystem,

including physical and biological characteristics, as well as areas

that are environmentally sensitive or contain unique or sensitive

species or biological communities that must be conserved and

warrant protective measures; human uses of marine waters,

particularly areas with high value for fishing, shellfish aquaculture,

recreation, and maritime commerce; and appropriate locations with

high potential for renewable energy production with minimal

potential for conflicts with other existing uses or sensitive

environments;

(d) An element that sets forth the state's recommendations to the

federal government for use priorities and limitations, siting criteria,

and protection of unique and sensitive biota and ocean floor features

within the exclusive economic zone waters consistent with the

policies and management criteria contained in this chapter and

chapter 43.143 RCW;

(e) An implementation strategy describing how the plan's

management measures and other provisions will be considered and

implemented through existing state and local authorities; and

(f) A framework for coordinating state agency and local

government review of proposed renewable energy development

uses requiring multiple permits and other approvals that provide for

the timely review and action upon renewable energy development

proposals while ensuring protection of sensitive resources and

minimizing impacts to other existing or projected uses in the area.

(5) If the director of the department of fish and wildlife

determines that a fisheries management element is appropriate for

inclusion in the marine management plan, this element may include

the incorporation of existing management plans and procedures and

standards for consideration in adopting and revising fisheries



management plans in cooperation with the appropriate federal

agencies and tribal governments.

(6) Any provision of the marine management plan that does not

have as its primary purpose the management of commercial or

recreational fishing but that has an impact on this fishing must

minimize the negative impacts on the fishing. The team must

accord substantial weight to recommendations from the director of

the department of fish and wildlife for plan revisions to minimize

the negative impacts.

(7) The marine management plan must recognize and value

existing uses. All actions taken to implement this section must be

consistent with section 8 of this act.

(8) The marine management plan must identify any provisions

of existing management plans that are substantially inconsistent

with the plan.

(9)(a) In developing the marine management plan, the team

shall implement a strong public participation strategy that seeks

input from throughout the state and particularly from communities

adjacent to marine waters. Public review and comment must be

sought and incorporated with regard to planning the scope of work

as well as in regard to significant drafts of the plan and plan

elements.

(b) The team must engage tribes and marine resources

committees in its activities throughout the planning process. In

particular, prior to finalizing the plan, the team must provide each

tribe and marine resources committee with a draft of the plan and

invite them to review and comment on the plan.

(10) The team must complete the plan within twenty-four

months of the initiation of planning under this section.

(11) The director of the department of ecology shall submit the

completed marine management plan to the appropriate federal

agency for its review and approval for incorporation into the state's

federally approved coastal zone management program.

(12) Subsequent to the adoption of the marine management

plan, the team may periodically review and adopt revisions to the

plan to incorporate new information and to recognize and

incorporate provisions in other marine management plans. The

team must afford the public an opportunity to review and comment

upon significant proposed revisions to the marine management plan.

NEW SECTION. Sec. 7. (1) Upon the adoption of the

marine management plan under section 6 of this act, each state

agency and local government must make decisions in a manner that

ensures consistency with applicable legal authorities and

conformance with the applicable provisions of the marine

management plan to the greatest extent possible.

(2) The director of the department of ecology, in coordination

with the team, shall periodically review existing management plans

maintained by state agencies and local governments that cover the

same marine waters as the marine management plan under section 6

of this act, and for any substantial inconsistency with the marine

management plan the director shall make recommendations to the

agency or to the local government for revisions to eliminate the

inconsistency.

(3) Not later than four years following adoption of the marine

management plan under section 6 of this act, the department of

ecology, in coordination with the team, shall report to the

appropriate marine waters committees in the senate and house of

representatives describing provisions of existing management plans

that are substantially inconsistent with the marine management plan

under section 6 of this act, and making recommendations for

eliminating the inconsistency.

(4) All actions taken to implement this section must be

consistent with section 8 of this act. In the event of a conflict

between the marine management plan and local ordinances and

regulations, local ordinances and regulations shall control.

NEW SECTION. Sec. 8. No authority is created under this

chapter to affect in any way any project, use, or activity in the state's

marine waters existing prior to or during the development and

review of the marine management plan. No authority is created

under this chapter to supersede the current authority of any state

agency or local government.


43.21F RCW to read as follows:

(1) In addition to the duties prescribed in RCW 43.21F.045, the

department must develop guidance applicable to all state agencies

for achieving a unified state position upon matters involving the

siting and operation of renewable energy facilities in the state's

coastal and estuarine marine waters. The guidance must provide

procedures for coordinating the views and responsibilities of any

state agency with jurisdiction or expertise over the matter under

consideration, which may include federal policy proposals,

activities, permits, licenses, or the extension of funding for activities

in or affecting the state's marine waters. In developing the

guidance, the director must consult with agencies with primary

responsibilities for permitting and management of marine waters

and bedlands, including the departments of natural resources,

ecology, transportation, and fish and wildlife, and the state parks and

recreation commission, the Puget Sound partnership, and the energy

facility site evaluation council. The director must also consult and

incorporate relevant information from the regional activities related

to renewable energy siting in marine waters, including those under

the west coast governors' agreement on ocean health.

(2) The director may not commence development of the

guidance until federal, private, or other nonstate funding is secured

for this activity. The director must adopt the guidance within one

year of securing such funds.

(3) This section is intended to promote consistency and multiple

agency coordination in developing positions and exercising

jurisdiction in matters involving the siting and operation of

renewable energy facilities and does not diminish or abrogate the

authority or jurisdiction of any state agency over such matters

established under any other law.

NEW SECTION. Sec. 10. (1) The marine resources

stewardship trust account is created in the state treasury. All

receipts from income derived from the investment of amounts

credited to the account, any grants, gifts, or donations to the state for

the purposes of marine management planning, marine spatial

planning, data compilation, research, or monitoring, and any

appropriations made to the account must be deposited in the

account. Moneys in the account may be spent only after

appropriation.

(2) Expenditures from the account may only be used for the

purposes of marine management planning, marine spatial planning,

research, monitoring, implementation of the marine management

plan, and for the restoration or enhancement of marine habitat or

resources.

Sec. 11. RCW 43.84.092 and 2009 c 479 s 31, 2009 c 472 s 5,

and 2009 c 451 s 8 are each reenacted and amended to read as

follows:

(1) All earnings of investments of surplus balances in the state

treasury shall be deposited to the treasury income account, which

account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or

receive funds associated with federal programs as required by the

federal cash management improvement act of 1990. The treasury

income account is subject in all respects to chapter 43.88 RCW, but

no appropriation is required for refunds or allocations of interest

earnings required by the cash management improvement act.

Refunds of interest to the federal treasury required under the cash

management improvement act fall under RCW 43.88.180 and shall


not require appropriation. The office of financial management

shall determine the amounts due to or from the federal government

pursuant to the cash management improvement act. The office of

financial management may direct transfers of funds between

accounts as deemed necessary to implement the provisions of the

cash management improvement act, and this subsection. Refunds

or allocations shall occur prior to the distributions of earnings set

forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury

income account may be utilized for the payment of purchased

banking services on behalf of treasury funds including, but not

limited to, depository, safekeeping, and disbursement functions for

the state treasury and affected state agencies. The treasury income

account is subject in all respects to chapter 43.88 RCW, but no

appropriation is required for payments to financial institutions.

Payments shall occur prior to distribution of earnings set forth in

subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings

credited to the treasury income account. The state treasurer shall

credit the general fund with all the earnings credited to the treasury

income account except:

The following accounts and funds shall receive their

proportionate share of earnings based upon each account's and

fund's average daily balance for the period: The aeronautics

account, the aircraft search and rescue account, the budget

stabilization account, the capitol building construction account, the

Cedar River channel construction and operation account, the Central

Washington University capital projects account, the charitable,

educational, penal and reformatory institutions account, the cleanup

settlement account, the Columbia river basin water supply

development account, the common school construction fund, the

county arterial preservation account, the county criminal justice

assistance account, the county sales and use tax equalization

account, the data processing building construction account, the

deferred compensation administrative account, the deferred

compensation principal account, the department of licensing

services account, the department of retirement systems expense

account, the developmental disabilities community trust account,

the drinking water assistance account, the drinking water assistance

administrative account, the drinking water assistance repayment

account, the Eastern Washington University capital projects

account, the education construction fund, the education legacy trust

account, the election account, the energy freedom account, the

energy recovery act account, the essential rail assistance account,

The Evergreen State College capital projects account, the federal

forest revolving account, the ferry bond retirement fund, the freight

congestion relief account, the freight mobility investment account,

the freight mobility multimodal account, the grade crossing

protective fund, the public health services account, the health system

capacity account, the personal health services account, the high

capacity transportation account, the state higher education

construction account, the higher education construction account, the

highway bond retirement fund, the highway infrastructure account,

the highway safety account, the high occupancy toll lanes operations

account, the industrial insurance premium refund account, the

judges' retirement account, the judicial retirement administrative

account, the judicial retirement principal account, the local

leasehold excise tax account, the local real estate excise tax account,

the local sales and use tax account, the marine resources stewardship

trust account, the medical aid account, the mobile home park

relocation fund, the motor vehicle fund, the motorcycle safety

education account, the multimodal transportation account, the

municipal criminal justice assistance account, the municipal sales

and use tax equalization account, the natural resources deposit

account, the oyster reserve land account, the pension funding

stabilization account, the perpetual surveillance and maintenance

account, the public employees' retirement system plan 1 account, the

public employees' retirement system combined plan 2 and plan 3

account, the public facilities construction loan revolving account

beginning July 1, 2004, the public health supplemental account, the

public transportation systems account, the public works assistance

account, the Puget Sound capital construction account, the Puget

Sound ferry operations account, the Puyallup tribal settlement

account, the real estate appraiser commission account, the

recreational vehicle account, the regional mobility grant program

account, the resource management cost account, the rural arterial

trust account, the rural Washington loan fund, the site closure

account, the small city pavement and sidewalk account, the special

category C account, the special wildlife account, the state

employees' insurance account, the state employees' insurance

reserve account, the state investment board expense account, the

state investment board commingled trust fund accounts, the state

patrol highway account, the state route number 520 corridor

account, the supplemental pension account, the Tacoma Narrows

toll bridge account, the teachers' retirement system plan 1 account,

the teachers' retirement system combined plan 2 and plan 3 account,

the tobacco prevention and control account, the tobacco settlement

account, the transportation 2003 account (nickel account), the

transportation equipment fund, the transportation fund, the

transportation improvement account, the transportation

improvement board bond retirement account, the transportation

infrastructure account, the transportation partnership account, the

traumatic brain injury account, the tuition recovery trust fund, the

University of Washington bond retirement fund, the University of

Washington building account, the urban arterial trust account, the

volunteer firefighters' and reserve officers' relief and pension

principal fund, the volunteer firefighters' and reserve officers'

administrative fund, the Washington fruit express account, the

Washington judicial retirement system account, the Washington law

enforcement officers' and firefighters' system plan 1 retirement

account, the Washington law enforcement officers' and firefighters'

system plan 2 retirement account, the Washington public safety

employees' plan 2 retirement account, the Washington school

employees' retirement system combined plan 2 and 3 account, the

Washington state health insurance pool account, the Washington

state patrol retirement account, the Washington State University

building account, the Washington State University bond retirement

fund, the water pollution control revolving fund, and the Western

Washington University capital projects account. Earnings derived

from investing balances of the agricultural permanent fund, the

normal school permanent fund, the permanent common school

fund, the scientific permanent fund, and the state university

permanent fund shall be allocated to their respective beneficiary

accounts. All earnings to be distributed under this subsection (4)

shall first be reduced by the allocation to the state treasurer's service

fund pursuant to RCW 43.08.190.

(5) In conformance with Article II, section 37 of the state

Constitution, no treasury accounts or funds shall be allocated

earnings without the specific affirmative directive of this section.

NEW SECTION. Sec. 12. Sections 1 through 8 and 10 of

this act constitute a new chapter in Title 43 RCW."

Correct the title.



MOTION

Senator Ranker moved that the Senate refuse to concur in the





MOTION

Senator Honeyford moved that the Senate concur in the

House amendment(s) to Substitute Senate Bill No. 6350.

Senators Ranker and Hargrove spoke against the motion.


the motion by Senator Honeyford that the Senate concur in the


The motion by Senator Honeyford failed and the Senate

refused to concur in the House amendment(s) to Substitute Senate

Bill No. 6350 by voice vote.

The President announced, by the previous action that the

Senate refused to concur in the House amendment(s) to Substitute

Senate Bill No. 6350 and asked the House to recede.


March 2, 2010

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE

BILL NO. 5543 with the following amendment(s): 5543-S.E

AMH ENVH H5273.2 5543-S.E AMH ENVH H5273.2,


following:

"NEW SECTION. Sec. 1. The legislature finds that:

(1) Mercury is an essential component of many energy efficient

lights. Improper disposal methods will lead to mercury releases

that threaten the environment and harm human health. Spent

mercury lighting is a hard to collect waste product that is appropriate

for product stewardship;

(2) Convenient and environmentally sound product stewardship

programs for mercury-containing lights that include collecting,

transporting, and recycling mercury-containing lights will help

protect Washington's environment and the health of state residents;

(3) The purpose of this act is to achieve a statewide goal of

recycling all end-of-life mercury-containing lights by 2020 through

expanded public education, a uniform statewide requirement to

recycle all mercury-containing lights, and the development of a

comprehensive, safe, and convenient collection system that includes

use of residential curbside collection programs, mail-back

containers, increased support for household hazardous waste

facilities, and a network of additional collection locations;

(4) Product producers must play a significant role in financing

no- cost collection and processing programs for mercury-containing

lights; and

(5) Providers of premium collection services such as residential

curbside and mail-back programs may charge a fee to cover the

collection costs for these more convenient forms of collection.

NEW SECTION. Sec. 2. The definitions in this section

apply throughout this chapter unless the context clearly requires

otherwise.

(1) "Brand" means a name, symbol, word, or mark that

identifies a product, rather than its components, and attributes the

product to the owner of the brand as the producer.

(2) "Covered entities" means:

(a) A single-family or a multifamily household generator and

persons that deliver no more than fifteen mercury-containing lights

to registered collectors for a product stewardship program during a

ninety-day period; and

(b) A single-family or a multifamily household generator and

persons that utilize a registered residential curbside collection

program or a mail-back program for collection of

mercury-containing lights and that discards no more than fifteen

mercury-containing lights into those programs during a ninety-day

period.

(3) "Collection" or "collect" means, except for persons involved

in mail-back programs:

(a) The activity of accumulating any amount of

mercury-containing lights at a location other than the location where

the lights are used by covered entities, and includes curbside

collection activities, household hazardous waste facilities, and other

registered drop-off locations; and

(b) The activity of transporting mercury-containing lights in the

state, where the transporter is not a generator of unwanted mercury-

containing lights, to a location for purposes of accumulation.

(4) "Department" means the department of ecology.

(5) "Final disposition" means the point beyond which no further

processing takes place and materials from mercury-containing lights

have been transformed for direct use as a feedstock in producing

new products, or disposed of or managed in permitted facilities.

(6) "Hazardous substances" or "hazardous materials" means

those substances or materials identified by rules adopted under

chapter 70.105 RCW.

(7) "Mail-back program" means the use of a prepaid postage

container with mercury vapor barrier packaging that is used for the

collection and recycling of mercury-containing lights from covered

entities as part of a product stewardship program and is transported

by the United States postal service or a common carrier.

(8) "Mercury vapor barrier packaging" means sealable

containers that are specifically designed for the storage, handling,

and transport of mercury-containing lights in order to prevent the

escape of mercury into the environment by volatilization or any

other means, and that meet the requirements for transporting by the

United States postal service or a common carrier.

(9) "Mercury-containing lights" means lamps, bulbs, tubes, or

other devices that contain mercury and provide functional

illumination in homes, businesses, and outdoor stationary fixtures.

(10) "Orphan product" means a mercury-containing light that

lacks a producer's brand, or for which the producer is no longer in

business and has no successor in interest, or that bears a brand for

which the department cannot identify an owner.

(11) "Person" means a sole proprietorship, partnership,

corporation, nonprofit corporation or organization, limited liability

company, firm, association, cooperative, or other legal entity located

within or outside Washington state.

(12) "Processing" means recovering materials from unwanted

products for use as feedstock in new products. Processing must

occur at permitted facilities.

(13) "Producer" means a person that:

(a) Has or had legal ownership of the brand, brand name, or

cobrand of a mercury-containing light sold in or into Washington

state, except for persons whose primary business is retail sales;

(b) Imports or has imported mercury-containing lights branded

by a producer that meets the requirements of (a) of this subsection

and where that producer has no physical presence in the United

States;

(c) If (a) and (b) of this subsection do not apply, makes or made

an unbranded mercury-containing light that is sold or has been sold

in or into Washington state; or

(d)(i) Sells or sold at wholesale or retail a mercury-containing

light; (ii) does not have legal ownership of the brand; and (iii) elects

to fulfill the responsibilities of the producer for that product.

(14) "Product stewardship" means a requirement for a producer

of mercury-containing lights to manage and reduce adverse safety,

health, and environmental impacts of the product throughout its life

cycle, including financing and providing for the collection,


transporting, reusing, recycling, processing, and final disposition of

their products.

(15) "Product stewardship plan" or "plan" means a detailed plan

describing the manner in which a product stewardship program will

be implemented.

(16) "Product stewardship program" or "program" means the

methods, systems, and services financed and provided by producers

of mercury- containing lights generated by covered entities that

addresses product stewardship and includes collecting, transporting,

reusing, recycling, processing, and final disposition of unwanted

mercury-containing lights, including a fair share of orphan products.

(17) "Recovery" means the collection and transportation of

unwanted mercury-containing lights under this chapter.

(18)(a) "Recycling" means transforming or remanufacturing

unwanted products into usable or marketable materials for use other

than landfill disposal or incineration.

(b) "Recycling" does not include energy recovery or energy

generation by means of combusting unwanted products with or

without other waste.

(19) "Reporting period" means the period commencing January

1st and ending December 31st in the same calendar year.

(20) "Residuals" means nonrecyclable materials left over from

processing an unwanted product.

(21) "Retailer" means a person who offers mercury-containing

lights for sale at retail through any means including, but not limited

to, remote offerings such as sales outlets, catalogs, or the internet,

but does not include a sale that is a wholesale transaction with a

distributor or a retailer.

(22)(a) "Reuse" means a change in ownership of a

mercury-containing light or its components, parts, packaging, or

shipping materials for use in the same manner and purpose for

which it was originally purchased, or for use again, as in shipping

materials, by the generator of the shipping materials.

(b) "Reuse" does not include dismantling of products for the

purpose of recycling.

(23) "Stakeholder" means a person who may have an interest in

or be affected by a product stewardship program.

(24) "Stewardship organization" means an organization

designated by a producer or group of producers to act as an agent on

behalf of each producer to operate a product stewardship program.

(25) "Unwanted product" means a mercury-containing light no

longer wanted by its owner or that has been abandoned, discarded,

or is intended to be discarded by its owner.

NEW SECTION. Sec. 3. (1) Every producer of

mercury-containing lights sold in or into Washington state for

residential use must fully finance and participate in a product

stewardship program for that product, including the department's

costs for administering and enforcing this chapter.

(2) Every producer must:

(a) Participate in a product stewardship program approved by

the department and operated by a product stewardship organization

contracted by the department. All producers must finance and

participate in the plan operated by the product stewardship

organization, unless the producer obtains department approval for

an independent plan as described in (b) of this subsection; or

(b) Finance and operate, either individually or jointly with other

producers, a product stewardship program approved by the

department.

(3) A producer, group of producers, or product stewardship

organization funded by producers must pay all administrative and

operational costs associated with their program or programs, except

for the collection costs associated with curbside and mail-back

collection programs. For curbside and mail-back programs, a

producer, group of producers, or product stewardship organization

shall finance the costs of transporting mercury-containing lights

from accumulation points and for processing mercury-containing

lights collected by curbside and mail-back programs. For

collection locations, including household hazardous waste facilities,

charities, retailers, government recycling sites, or other suitable

locations, a producer, group of producers, or product stewardship

organization shall finance the costs of collection, transportation, and

processing of mercury-containing lights collected at the collection

locations.

(4) Product stewardship programs shall collect unwanted

mercury- containing lights delivered from covered entities for reuse,

recycling, processing, or final disposition, and not charge a fee when

lights are dropped off or delivered into the program.

(5) Product stewardship programs shall provide, at a minimum,

no cost services in all cities in the state with populations greater than

ten thousand and all counties of the state on an ongoing, year-round

basis.

(6) All product stewardship programs operated under approved

plans must recover their fair share of unwanted covered products as

determined by the department.

(7) The department or its designee may inspect, audit, or review

audits of processing and disposal facilities used to fulfill the

requirements of a product stewardship program.

(8) No product stewardship program required under this chapter

may use federal or state prison labor for processing unwanted

products.

(9) Product stewardship programs for mercury-containing lights

must be fully implemented by January 1, 2013.

NEW SECTION. Sec. 4. (1) A producer, group of

producers, or product stewardship program submitting a proposed

product stewardship plan under section 3(2)(b) of this act must

submit that plan by January 1st of the year prior to the planned

implementation.

(2) The department shall establish rules for plan content. Plans

must include but are not limited to:

(a) All necessary information to inform the department about

the plan operator and participating producers and their brands;

(b) The management and organization of the product

stewardship program that will oversee the collection, transportation,

and processing services;

(c) The identity of collection, transportation, and processing

service providers, including a description of the consideration given

to existing residential curbside collection infrastructure and mail-

back systems as an appropriate collection mechanism;

(d) How the product stewardship program will seek to use

businesses within the state, including transportation services,

retailers, collection sites and services, existing curbside collection

services, existing mail-back services, and processing facilities;

(e) A description of how the public will be informed about the

recycling program;

(f) A description of the financing system required under section

5 of this act;

(g) How mercury and other hazardous substances will be

handled for collection through final disposition;

(h) A public review and comment process; and

(i) Any other information deemed necessary by the department

to ensure an effective mercury light product stewardship program

that is in compliance with all applicable laws and rules.

(3) All plans submitted to the department must be made

available for public review on the department's web site and at the

department's headquarters.

(4) At least two years from the start of the product stewardship

program and once every four years thereafter, a producer, group of

producers, or product stewardship organization operating a product

stewardship program must update its product stewardship plan and

submit the updated plan to the department for review and approval

according to rules adopted by the department.



(5) Each product stewardship program shall submit an annual

report to the department describing the results of implementing their

plan for the prior year. The department may adopt rules for

reporting requirements. All reports submitted to the department

must be made available for public review on the department's web

site and at the department's headquarters.

NEW SECTION. Sec. 5. (1) All producers that sell

mercury- containing lights in or into the state of Washington are

responsible for financing the mercury-containing light recycling

program required by section 3 of this act.

(2) Each producer shall pay fifteen thousand dollars to the

department to contract for a product stewardship program to be

operated by a product stewardship organization. The department

shall retain five thousand dollars of the fifteen thousand dollars for

administration and enforcement costs.

(3) A producer or producers participating in an independent

plan, as permitted under section 3(2)(b) of this act, must pay the full

cost of operation. Each producer participating in an approved

independent plan shall pay an annual fee of five thousand dollars to

the department for administration and enforcement costs.

NEW SECTION. Sec. 6. (1) All mercury-containing lights

collected in the state by product stewardship programs or other

collection programs must be recycled and any process residuals

must be managed in compliance with applicable laws.

(2) Mercury recovered from retorting must be recycled or

placed in a properly permitted hazardous waste landfill, or placed in

a properly permitted mercury repository.

NEW SECTION. Sec. 7. (1) Except for persons involved in

registered mail-back programs, a person who collects unwanted

mercury- containing lights in the state, receives funding through a

product stewardship program for mercury-containing lights, and

who is not a generator of unwanted mercury-containing lights must:

(a) Register with the department as a collector of unwanted

mercury-containing lights. Until the department adopts rules for

collectors, the collector must provide to the department the legal

name of the person or entity owning and operating the collection

location, the address and phone number of the collection location,

and the name, address, and phone number of the individual

responsible for operating the collection location and update any

changes in this information within thirty days of the change;

(b) Maintain a spill and release response plan at the collection

location that describes the materials, equipment, and procedures that

will be used to respond to any mercury release from an unwanted

mercury-containing light;

(c) Maintain a worker safety plan at the collection location that

describes the handling of the unwanted mercury-containing lights at

the collection location and measures that will be taken to protect

worker health and safety; and

(d) Use packaging and shipping material that will minimize the

release of mercury into the environment and minimize breakage and

use mercury vapor barrier packaging if mercury-containing lights

are transported by the United States postal service or a common

carrier.

(2) A person who operates a curbside collection program or

owns or operates a mail-back business participating in a product

stewardship program for mercury-containing lights and uses the

United States postal service or a common carrier for transport must

register with the department and use mercury vapor barrier

packaging for curbside collection and mail-back containers.

NEW SECTION. Sec. 8. Effective January 1, 2013:

(1) All persons, residents, government, commercial, industrial,

and retail facilities and office buildings must recycle their

end-of-life mercury-containing lights.

(2) No mercury-containing lights may knowingly be placed in

waste containers for disposal at incinerators, waste to energy

facilities, or landfills.

(3) No mercury-containing lights may knowingly be placed in a

container for mixed recyclables unless there is a separate location or

compartment for the mercury-containing lights that complies with

local government collection standards or guidelines.

(4) No owner or operator of a solid waste facility may be found

in violation of this section if the facility has posted in a conspicuous

location a sign stating that mercury-containing lights must be

recycled and are not accepted for disposal.

(5) No solid waste collector may be found in violation of this

section for mercury-containing lights placed in a disposal container

by the generator of the mercury-containing light.

NEW SECTION. Sec. 9. As of January 1, 2013, no

producer, wholesaler, retailer, electric utility, or other person may

distribute, sell, or offer for sale mercury-containing lights for

residential use to any person in this state unless the producer is

participating in a product stewardship program under a plan

approved by the department.

NEW SECTION. Sec. 10. (1) The department shall send a

written warning and a copy of this chapter and any rules adopted to

implement this chapter to a producer who is not participating in a

product stewardship program approved by the department and

whose mercury- containing lights are being sold in or into the state.

(2) A producer not participating in a product stewardship

program approved by the department whose mercury-containing

lights continue to be sold in or into the state sixty days after

receiving a written warning from the department shall be assessed a

penalty of up to one thousand dollars for each violation. A

violation is one day of sales.

(3) If any producer fails to implement its approved plan, the

department shall assess a penalty of up to five thousand dollars for

the first violation along with notification that the producer must

implement its plan within thirty days of the violation. After thirty

days, any producer failing to implement their approved plan must be

assessed a penalty of up to ten thousand dollars for the second and

each subsequent violation. A subsequent violation occurs each

thirty- day period that the producer fails to implement the approved

plan.

(4) The department shall send a written warning to a producer

that fails to submit a product stewardship plan, update or change the

plan when required, or submit an annual report as required under

this chapter. The written warning must include compliance

requirements and notification that the requirements must be met

within sixty days. If requirements are not met within sixty days, the

producer will be assessed a ten thousand dollar penalty per day of

noncompliance starting with the first day of notice of

noncompliance.

(5) Penalties prescribed under this section must be reduced by

fifty percent if the producer complies within thirty days of the

second violation notice.

(6) A producer may appeal penalties prescribed under this

section to the pollution control hearings board created under chapter

43.21B RCW.

NEW SECTION. Sec. 11. (1) The department shall provide

on its web site a list of all producers participating in a product

stewardship plan that the department has approved and a list of all

producers the department has identified as noncompliant with this

chapter and any rules adopted to implement this chapter.

(2) Product wholesalers, retailers, distributors, and electric

utilities must check the department's web site or producer-provided

written verification to determine if producers of products they are

selling in or into the state are in compliance with this chapter.


(3) No one may distribute or sell mercury-containing lights in or

into the state from producers who are not participating in a product

stewardship program or who are not in compliance with this chapter

and rules adopted under this chapter.

(4) The department shall serve, or send with delivery

confirmation, a written warning explaining the violation to any

person known to be distributing or selling mercury-containing lights

in or into the state from producers who are not participating in a

product stewardship program or who are not in compliance with this

chapter and rules adopted under this chapter.

(5) Any person who continues to distribute or sell mercury-

containing lights from a producer that is not participating in an

approved product stewardship program sixty days after receiving a

written warning from the department may be assessed a penalty two

times the value of the products sold in violation of this chapter or

five hundred dollars, whichever is greater. The penalty must be

waived if the person verifies that the person has discontinued

distribution or sales of mercury-containing lights within thirty days

of the date the penalty is assessed. A retailer may appeal penalties

to the pollution control hearings board.

(6) The department shall adopt rules to implement this section.

(7) A sale or purchase of mercury-containing lights as a casual

or isolated sale as defined in RCW 82.04.040 is not subject to the

provisions of this section.

(8) A person primarily engaged in the business of reuse and

resale of a used mercury-containing light is not subject to the

provisions of this section when selling used working

mercury-containing lights, for use in the same manner and purpose

for which it was originally purchased.

(9) In-state distributors, wholesalers, and retailers in possession

of mercury-containing lights on the date that restrictions on the sale

of the product become effective may exhaust their existing stock

through sales to the public.

NEW SECTION. Sec. 12. All producers shall pay the

department annual fees to cover the cost of administering and

enforcing this chapter. The department may prioritize the work to

implement this chapter if fees are not adequate to fund all costs of

the program.

NEW SECTION. Sec. 13. The product stewardship

programs account is created in the custody of the state treasurer.

All funds received from producers under this chapter and penalties

collected under this chapter must be deposited in the account.

Expenditures from the account may be used only for administering

this chapter. Only the director of the department or the director's

designee may authorize expenditures from the account. The

account is subject to the allotment procedures under chapter 43.88

RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 14. (1) The department may adopt

rules necessary to implement, administer, and enforce this chapter.

(2) The department may adopt rules to establish performance

standards for product stewardship programs and may establish

administrative penalties for failure to meet the standards.

(3) By December 31, 2010, and annually thereafter until

December 31, 2014, the department shall report to the appropriate

committees of the legislature concerning the status of the product

stewardship program and recommendations for changes to the

provisions of this chapter.

(4) Beginning October 1, 2014, the department shall annually

invite comments from local governments, communities, and citizens

to report their satisfaction with services provided by product

stewardship programs. This information must be used by the

department to determine if the plan operator is meeting convenience

requirements and in reviewing proposed updates or changes to

product stewardship plans.


invite comments from retailers, consumer groups, electric utilities,

the Northwest power and conservation council, and other interested

parties regarding the impacts of the requirements of this chapter on

the availability or purchase of energy efficient lighting within the

state. If the department determines that evidence shows the

requirements of this chapter have resulted in negative impacts on the

availability or purchase of energy efficient lighting in the state, the

department shall report this information by December 31st of each

year to the appropriate committees of the legislature with

recommendations for changes to the provisions of this chapter.


invite comments from retailers, consumer groups, electric utilities,

the Northwest power and conservation council, and other interested

parties regarding the availability of energy efficient nonmercury

lighting to replace mercury-containing lighting within the state. If

the department determines that evidence shows that energy efficient

nonmercury-containing lighting is available and achieves similar

energy savings as mercury lighting at similar cost, the department

shall report this information by December 31st of each year to the

appropriate committees of the legislature with recommendations for

legislative changes to reduce mercury use in lighting.


estimate the overall statewide recycling rate for mercury-containing

lights and calculate that portion of the recycling rate attributable to

the product stewardship program.

(8) The department may require submission of independent

performance evaluations and report evaluations documenting the

effectiveness of mercury vapor barrier packaging in preventing the

escape of mercury into the environment. The department may

restrict the use of packaging for which adequate documentation has

not been provided. Restricted packaging may not be used in any

product stewardship program required under this chapter.

NEW SECTION. Sec. 15. Nothing in this chapter changes

or limits the authority of the Washington utilities and transportation

commission to regulate collection of solid waste, including curbside

collection of residential recyclable materials, nor does this chapter

change or limit the authority of a city or town to provide such

service itself or by contract under RCW 81.77.020.

NEW SECTION. Sec. 16. Nothing in this chapter changes

the requirements of any entity regulated under chapter 70.105 RCW

to comply with the requirements under that chapter.

NEW SECTION. Sec. 17. This chapter must be liberally

construed to carry out its purposes and objectives.

Sec. 18. RCW 70.95M.010 and 2003 c 260 s 2 are each

amended to read as follows:

The definitions in this section apply throughout this chapter

unless the context clearly requires otherwise.

(1) (("Automotive mercury switch" includes a convenience

switch, such as a switch for a trunk or hood light, and a mercury

switch in antilock brake systems.)) "Bulk mercury" includes any

elemental, nonamalgamated mercury, regardless of volume quantity

or weight and does not include products containing mercury

collected for recycling or disposal at a permitted disposal facility.

(2) "Department" means the department of ecology.

(3) "Director" means the director of the department of ecology.

(4) "Health care facility" includes a hospital, nursing home,

extended care facility, long-term care facility, clinical or medical

laboratory, state or private health or mental institution, clinic,

physician's office, or health maintenance organization.

(5) "Manufacturer" includes any person, firm, association,

partnership, corporation, governmental entity, organization, or joint

venture that produces a mercury-added product or an importer or

domestic distributor of a mercury-added product produced in a

foreign country. In the case of a multicomponent product

containing mercury, the manufacturer is the last manufacturer to

produce or assemble the product. If the multicomponent product or



mercury-added product is produced in a foreign country, the

manufacturer is the first importer or domestic distributor.

(6) "Mercury-added button-cell battery" means a button-cell

battery to which the manufacturer intentionally introduces mercury

for the operation of the battery.

(7) "Mercury-added novelty" means a mercury-added product

intended mainly for personal or household enjoyment or adornment.

Mercury-added novelties include, but are not limited to, items

intended for use as practical jokes, figurines, adornments, toys,

games, cards, ornaments, yard statues and figures, candles, jewelry,

holiday decorations, items of apparel, and other similar products.

Mercury-added novelty does not include games, toys, or products

that require a button-cell or lithium battery, liquid crystal display

screens, or a lamp that contains mercury.

(8) "Mercury-added product" means a product, commodity, or

chemical, or a product with a component that contains mercury or a

mercury compound intentionally added to the product, commodity,

or chemical in order to provide a specific characteristic, appearance,

or quality, or to perform a specific function, or for any other reason.

Mercury-added products include those products listed in the

interstate mercury education and reduction clearinghouse

mercury-added products database, but are not limited to, mercury

thermometers, mercury thermostats, mercury barometers, lamps,

and mercury switches ((in motor vehicles)) or relays.

(9) "Mercury manometer" means a mercury-added product that

is used for measuring blood pressure.

(10) "Mercury thermometer" means a mercury-added product

that is used for measuring temperature.

(11) "Retailer" means a retailer of a mercury-added product.

(12) "Switch" means any device, which may be referred to as a

switch, sensor, valve, probe, control, transponder, or any other

apparatus, that directly regulates or controls the flow of electricity,

gas, or other compounds, such as relays or transponders. "Switch"

includes all components of the unit necessary to perform its flow

control function. "Automotive mercury switch" includes a

convenience switch, such as a switch for a trunk or hood light, and a

mercury switch in antilock brake systems. "Utility switch"

includes, but is not limited to, all devices that open or close an

electrical circuit, or a liquid or gas valve. "Utility relay" includes,

but is not limited to, all products or devices that open or close

electrical contacts to control the operation of other devices in the

same or other electrical circuit.

(13) "Wholesaler" means a wholesaler of a mercury-added

product.

Sec. 19. RCW 70.95M.050 and 2003 c 260 s 6 are each


(1) Effective January 1, 2006, no person may sell, offer for sale,

or distribute for sale or use in this state a mercury-added novelty. A

manufacturer of mercury-added novelties must notify all retailers

that sell the product about the provisions of this section and how to

properly dispose of any remaining mercury-added novelty

inventory.

(2)(a) Effective January 1, 2006, no person may sell, offer for

sale, or distribute for sale or use in this state a manometer used to

measure blood pressure or a thermometer that contains mercury.

This subsection (2)(a) does not apply to:

(i) An electronic thermometer with a button-cell battery

containing mercury;

(ii) A thermometer that contains mercury and that is used for

food research and development or food processing, including meat,

dairy products, and pet food processing;

(iii) A thermometer that contains mercury and that is a

component of an animal agriculture climate control system or

industrial measurement system or for veterinary medicine until such

a time as the system is replaced or a nonmercury component for the

system or application is available;

(iv) A thermometer or manometer that contains mercury that is

used for calibration of other thermometers, manometers, apparatus,

or equipment, unless a nonmercury calibration standard is approved

for the application by the national institute of standards and

technology;

(v) A thermometer that is provided by prescription. A

manufacturer of a mercury thermometer shall supply clear

instructions on the careful handling of the thermometer to avoid

breakage and proper cleanup should a breakage occur; or

(vi) A manometer or thermometer sold or distributed to a

hospital, or a health care facility controlled by a hospital, if the

hospital has adopted a plan for mercury reduction consistent with

the goals of the mercury chemical action plan developed by the

department under section 302, chapter 371, Laws of 2002.

(b) A manufacturer of thermometers that contain mercury must

notify all retailers that sell the product about the provisions of this

section and how to properly dispose of any remaining thermometer

inventory.

(3) Effective January 1, 2006, no person may sell, install, or

reinstall a commercial or residential thermostat that contains

mercury unless the manufacturer of the thermostat conducts or

participates in a thermostat recovery or recycling program designed

to assist contractors in the proper disposal of thermostats that

contain mercury in accordance with 42 U.S.C. Sec. 6901, et seq., the

federal resource conservation and recovery act.

(4) No person may sell, offer for sale, or distribute for sale or use

in this state a motor vehicle manufactured after January 1, 2006, if

the motor vehicle contains an automotive mercury switch.

(5) Nothing in this section restricts the ability of a manufacturer,

importer, or domestic distributor from transporting products through

the state, or storing products in the state for later distribution outside

the state.

(6) Effective June 30, 2012, the sale or purchase and delivery of bulk

mercury is prohibited, including sales through the internet or sales

by private parties. However, the prohibition in this subsection does

not apply to immediate dangerous waste recycling facilities or

treatment, storage, and disposal facilities as approved by the

department and sales to research facilities, or industrial facilities that

provide products or services to entities exempted from this chapter.

The facilities described in this subsection must submit an inventory

of their purchase and use of bulk mercury to the department on an

annual basis, as well as any mercury waste generated from such

actions.

NEW SECTION. Sec. 20. Sections 1 through 17 and 21 of

this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 21. If any provision of this act or its

application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons or circumstances is not affected."

Correct the title. and the same are herewith transmitted.


MOTION

Senator Rockefeller moved that the Senate concur in the

House amendment(s) to Engrossed Substitute Senate Bill No.

5543.

Senator Rockefeller spoke in favor of the motion.


the motion by Senator Rockefeller that the Senate concur in the


House amendment(s) to Engrossed Substitute Senate Bill No.

5543.

The motion by Senator Rockefeller carried and the Senate

concurred in the House amendment(s) to Engrossed Substitute

Senate Bill No. 5543 by voice vote.


the final passage of Engrossed Substitute Senate Bill No. 5543, as

amended by the House.

ROLL CALL The Secretary called the roll on the final passage of

Engrossed Substitute Senate Bill No. 5543, as amended by the

House, and the bill passed the Senate by the following vote:

Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Berkey, Brandland, Brown,

Eide, Fairley, Franklin, Fraser, Gordon, Haugen, Hewitt, Hobbs,

Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline,

Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig,

Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach,

Rockefeller, Shin, Swecker, Tom and Zarelli

Voting nay: Senators Becker, Carrell, Delvin, Hargrove,

Hatfield, Holmquist, Honeyford, King, Morton, Schoesler,

Sheldon and Stevens

Excused: Senator McCaslin

ENGROSSED SUBSTITUTE SENATE BILL NO. 5543, as

amended by the House, having received the constitutional

majority, was declared passed. There being no objection, the

title of the bill was ordered to stand as the title of the act.


March 2, 2010

MR. PRESIDENT:

The House passed SENATE BILL NO. 6379 with the

following amendment(s): 6379 AMH TR H5433.1 6379 AMH

TR H5433.1,


following:

"NEW SECTION. Sec. 1. This act is intended to streamline

and make technical amendments to certain codified statutes that deal

with vehicle and vessel registration and title. Any statutory

changes made by this act should be interpreted as technical in nature

and not be interpreted to have any substantive policy or legal

implications.

PART I. DEFINITIONS

NEW SECTION. Sec. 101. A new section is added to

chapter 46.04 RCW to read as follows:

"Affidavit of loss" means a written statement confirming that

the certificate of title, registration certificate, gross weight license,

validation tab, or decal has been lost, stolen, destroyed, or mutilated.

The statement must be in a form prescribed by the director.



"Agent," for the purposes of entering into the standard contract

required under RCW 46.01.140(1), means any county auditor or

other individual, government, or business entity other than a

subagent that is appointed to carry out vehicle registration and

certificate of title functions for the department.



"Amateur radio operator license plates" means special license

plates displaying amateur radio call letters assigned by the federal

communications commission.



"Armed forces license plate collection" means the collection of

six separate license plate designs issued under section 612 of this

act. Each license plate design displays a symbol representing one

of the five branches of the armed forces, and one representing the

national guard.



"Baseball stadium license plate" means special license plates

commemorating the construction of a baseball stadium as defined in

RCW 82.14.0485.



"Business day" means Monday through Friday and excludes

Saturday, Sunday, and state and federal holidays.



"Cab and chassis" means an incomplete vehicle manufactured

and sold with only a cab, frame, and running gear.

Sec. 108. RCW 46.04.125 and 1996 c 225 s 2 are each


"Collector" means the owner of one or more vehicles described

in ((RCW 46.16.305(1))) section 617(1) of this act who collects,

purchases, acquires, trades, or disposes of the vehicle or parts of it,

for his or her personal use, in order to preserve, restore, and maintain

the vehicle for hobby or historical purposes.



"Collector vehicle license plate" means a special license plate

that may be assigned to a vehicle that is more than thirty years old.



"Commercial trailer" means a trailer that is principally used to

transport commodities, merchandise, produce, freight, or animals.



"Confidential license plates" and "undercover license plates"

mean standard issue license plates assigned to vehicles owned or

operated by public agencies. These license plates are used as

specifically authorized under RCW 46.08.066.



"Converter gear" means an auxiliary axle, booster axle, dolly, or

jeep axle.



"Disabled American veteran license plates" means special

license plates issued to a veteran, as defined in RCW 41.04.007,

who meets the requirements provided in section 619 of this act.



"Empty scale weight" means the weight of a vehicle as it stands

without a load.



"Endangered wildlife license plates" means special license

plates that display a symbol or artwork symbolizing endangered

wildlife in Washington state.



"Fixed load vehicle" means a commercial vehicle that has a

structure or machinery permanently attached such as, but not limited



to, an air compressor, a bunk house, a conveyor, a cook house, a

donkey engine, a hoist, a rock crusher, a tool house, or a well drilling

machine. Fixed load vehicles are not capable of carrying any

additional load other than the structure or machinery permanently

attached.



"Former prisoner of war license plates" means special license

plates that may be issued to former prisoners of war as authorized

under section 619 of this act.



"Gross vehicle weight rating" means the value specified by the

manufacturer as the maximum load weight of a single vehicle.



"Helping kids speak license plates" means special license plates

that commemorate an organization that supports programs that

provide free diagnostic and therapeutic services to children who

have a severe delay in language or speech development.



"Horseless carriage license plate" is a special license plate that

may be assigned to a vehicle that is more than forty years old.



"Hybrid motor vehicle" means a motor vehicle that uses

multiple power sources or fuel types for propulsion and meets the

federal definition of a hybrid motor vehicle.



"Light truck" means a motor vehicle manufactured as a truck

with a declared gross weight of twelve thousand pounds or less.



"Market value threshold amount" means an amount set by rule

by the department that is used to determine, together with the age of

the vehicle, whether vehicle certificates of title for vehicles aged six

years through twenty years should be identified as having been

previously destroyed or reported as an insurance total loss.



"Military affiliate radio system license plates" means special

license plates displaying official military affiliate radio system call

letters assigned by the United States department of defense.



"Natural person" means a human being.



"New motor vehicle" means any motor vehicle that (1) is

self-propelled and is required to be registered and titled under this

title, (2) has not been previously titled to a retail purchaser or lessee,

and (3) is not a used vehicle as defined under RCW 46.04.660.



"Off-road vehicle" or "ORV" means a nonstreet registered

vehicle when used for recreational purposes on nonhighway roads,

trails, or a variety of other natural terrain. "Off-road vehicle" or

"ORV" includes, but is not limited to, all-terrain vehicles,

motorcycles, four-wheel drive vehicles, and dune buggies.



"ORV registration" means a registration certificate or decal

issued under the laws of this state pertaining to the registration of

off-road vehicles under chapter 46.09 RCW.



"Ownership in doubt" means that a vehicle or vessel owner is

unable to obtain satisfactory evidence of ownership or releases of

interest and is permitted to apply for a three-year registration period

without a certificate of title or a three-year period with a bond

covering the certificate of title.



"Parts car" means a motor vehicle that is owned by a collector to

furnish parts for restoration or maintenance of a vehicle described in

((RCW 46.16.305(1))) section 617(1) of this act, thus enabling a

collector to preserve, restore, and maintain such a vehicle.



"Personalized license plates" means license plates that display

the license plate number assigned to the vehicle or camper for which

the license plate number was issued in a combination of letters or

numbers, or both, requested by the owner of the vehicle or camper in

accordance with chapter 46.... RCW (the new chapter created in

section 1224 of this act).



"Private use single-axle trailer" means a trailer owned by a

natural person and used for the private noncommercial use of the

owner.



"Purple heart license plates" means special license plates that

may be assigned to a motor vehicle to recipients of the Purple Heart

medal or to another qualified person.



"Registration" means the registration certificate or license plates

issued under the laws of this state pertaining to the registration of

vehicles.



"Renewal notice" means the notice to renew a vehicle

registration sent to the registered owner by the department.



"Report of sale" means a document or electronic record

transaction that when properly completed and filed protects the

seller of a vehicle from certain criminal and civil liabilities arising

from use of the vehicle by another person after the vehicle has been

sold or a change in ownership has occurred.



"Ride share license plates" means special license plates issued

for motor vehicles that are used primarily for commuter ride sharing

as defined in RCW 46.74.010.



"Salvage vehicle" means a vehicle whose certificate of title has

been surrendered to the department under RCW 46.12.070 (as

recodified by this act) due to the vehicle's destruction or declaration

as a total loss or for which there is documentation indicating that the

vehicle has been declared salvage or has been damaged to the extent

that the owner, an insurer, or other person acting on behalf of the

owner, has determined that the cost of parts and labor plus the

salvage value has made it uneconomical to repair the vehicle.


"Salvage vehicle" does not include a motor vehicle having a model

year designation of a calendar year that is at least six years before the

calendar year in which the vehicle was wrecked, destroyed, or

damaged, unless, after June 13, 2002, and immediately before the

vehicle was wrecked, destroyed, or damaged, the vehicle had a retail

fair market value of at least the then market value threshold amount

and has a model year designation of a calendar year not more than

twenty years before the calendar year in which the vehicle was

wrecked, destroyed, or damaged.



"Scale weight" means the weight of a vehicle without a load.



"Secured party" has the same meaning as in RCW 62A.1-201.



"Security interest" has the same meaning as in RCW

62A.1-201.



"Share the road license plates" means special license plates

displaying a symbol or artwork recognizing an organization that

promotes bicycle safety and awareness education. Share the road

license plates commemorate the life of Cooper Jones.



"Ski & ride Washington license plates" means special license

plates displaying a symbol or artwork recognizing the Washington

snowsports industry.



(1) "Special highway construction equipment" means any

vehicle that is (a) designed and used primarily for the grading of

highways, the paving of highways, earth moving, and other

construction work on highways, (b) not designed or used primarily

to transport persons or property on a public highway, and (c) only

incidentally operated or moved over the highway.

(2) "Special highway construction equipment" includes, but is

not limited to, road construction and maintenance machinery that is

designed and used for the purposes described under subsection (1)

of this section, such as portable air compressors, air drills, asphalt

spreaders, bituminous mixers, bucket loaders, track laying tractors,

ditchers, leveling graders, finishing machines, motor graders,

paving mixers, road rollers, scarifiers, earth moving scrapers and

carryalls, lighting plants, welders, pumps, power shovels and

draglines, and self-propelled and tractor-drawn earth moving

equipment and machinery, including dump trucks and tractor-dump

trailer combinations that (a) are in excess of the legal width, (b)

because of their length, height, or unladen weight, may not be

moved on a public highway without the permit specified in RCW

46.44.090 and are not operated laden except within the boundaries

of the project limits as defined by the contract, and other similar

types of construction equipment, or (c) are driven or moved upon a

public highway only for the purpose of crossing the highway from

one property to another, provided that the movement does not

exceed five hundred feet and the vehicle is equipped with wheels or

pads that will not damage the roadway surface.



"Snowmobile" means a self-propelled vehicle that is capable of

traveling over snow or ice that (1) utilizes as its means of propulsion

an endless belt tread or cleats, or any combination of these or other

similar means of contact with the surface upon which it is operated,

(2) is steered wholly or in part by skis or sled type runners, and (3) is

not otherwise registered as, or subject to, the motor vehicle excise

tax in the state of Washington.



"Sport utility vehicle" means a high performance motor vehicle

weighing six thousand pounds or less, designed to carry ten

passengers or less or designated as a sport utility vehicle by the

manufacturer.



"Square dancer license plates" means special license plates

displaying a symbol of square dancers.



"Standard issue license plates" means license plates that are held

for general issue, and does not mean personalized license plates or

any other special license plate.



"Subagency" means the licensing office in which vehicle title

and registration functions are carried out by a subagent.



"Subagent" means a person or governmental entity

recommended by a county auditor or other agent and who is

appointed by the director to provide vehicle registration and

certificate of title services under contract with the county auditor or

other agent.



"Tab" or "license tab" means a sticker issued by the department

and affixed to the rear license plate to identify the vehicle license

expiration month and year for a specific vehicle.



"Total loss vehicle" means a vehicle that has been reported to

the department as destroyed by an insurance company, self-insurer,

or the vehicle owner or the owner's authorized representative.



"Tow dolly" means a trailer equipped with between one and

three axles designed to connect to a tow bar on the rear of a motor

vehicle that is used to tow another vehicle. The front or rear wheels

of the towed vehicle are secured to and rest on the tow dolly.



"Transit permit" means a document that authorizes a person to

operate a vehicle on a public highway of this state solely for the

purpose of obtaining the necessary documentation to complete and

apply for a Washington certificate of title or vehicle registration.

Unlimited use of the vehicle is prohibited when operated under a

transit permit.



"Vehicle" includes every device capable of being moved upon a

public highway and in, upon, or by which any persons or property is

or may be transported or drawn upon a public highway, including

bicycles. ((The term)) "Vehicle" does not include power

wheelchairs or devices other than bicycles moved by human or

animal power or used exclusively upon stationary rails or tracks.

Mopeds ((shall)) are not ((be)) considered vehicles or motor

vehicles for the purposes of chapter 46.70 RCW. Bicycles ((shall))

are not ((be)) considered vehicles for the purposes of chapter 46.12,

46.16, or 46.70 RCW or RCW 82.12.045. Electric personal

assistive mobility devices are not considered vehicles or motor



vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or

46.70 RCW.



"Vehicle license fee" means a fee collected by the state of

Washington as a license fee, as that term is construed in Article II,

section 40 of the state Constitution, for the act of registering a

vehicle under chapter 46.16 RCW. "Vehicle license fee" does not

include license plate fees, or taxes and fees collected by the

department for other jurisdictions.



"Vintage snowmobile" means a snowmobile manufactured at

least thirty years ago.



"Washington state parks license plates" means special license

plates displaying a symbol or artwork recognizing Washington state

parks as premier destinations of uncommon quality that preserve

significant natural, cultural, historical, and recreational resources.



"Washington's wildlife license plate collection" means the

collection of three separate license plate designs. Each license plate

design displays a distinct symbol or artwork, to include bear, deer,

and elk, recognizing the wildlife of Washington.



"We love our pets license plates" means special license plates

displaying a symbol or artwork recognizing an organization that

assists local member agencies of the federation of animal welfare

and control agencies to promote and perform spay or neuter surgery

on Washington state pets in order to reduce pet overpopulation.



"Wild on Washington license plates" means special license

plates that display a symbol or artwork symbolizing wildlife

viewing in Washington state.

PART II. GENERAL PROVISIONS AND

NONHIGHWAY VEHICLES



The legislature finds that the department of licensing

administers laws relating to the licensing and regulation of

professions, businesses, ((gambling,)) and other activities in

addition to administering laws relating to the licensing and

regulation of vehicles and vehicle operators, dealers, and

manufacturers. The laws administered by the department have the

common denominator of licensing and regulation and are directed

toward protecting and enhancing the well-being of the residents of

the state.



The director ((of licensing is hereby authorized to)) may adopt

and enforce ((such reasonable rules as may be consistent with and

necessary)) rules to carry out ((the)) provisions ((relating)) related to

vehicle ((licenses)) registrations, certificates of ((ownership and

license registration and drivers' licenses not in conflict with the

provisions of Title 46 RCW: PROVIDED, That the director of

licensing may not adopt rules after July 23, 1995, that are based))

title, and drivers' licenses. These rules must not be based:

(1) Solely on a section of law stating a statute's intent or

purpose((,));

(2) On the enabling provisions of the statute establishing the

agency((,)); or

(3) On any combination of ((such provisions, for statutory authority

to adopt any rule)) subsections (1) and (2) of this section.



(((1) The department of licensing shall have the general

supervision)) The director:

(1) Shall supervise and control ((of)) the issuing of vehicle

((licenses)) certificates of title, vehicle registrations, and vehicle

license ((number)) plates, and ((shall have)) has the full power to do

all things necessary and proper to carry out the provisions of the law

relating to the ((licensing)) registration of vehicles; ((the director

shall have the power to))

(2) May appoint and employ deputies, assistants ((and)),

representatives, and ((such clerks as may be required from time to

time, and to provide for their operation)) clerks;

(3) May establish branch offices in different parts of the state((,

and the director shall have the power to));

(4) May appoint ((the)) county auditors ((of the several counties

as the director's agents for the licensing of vehicles.

(2)(a) The director)) in Washington state or, in the absence of a

county auditor, the department or an official of county government

as agents for applications for and the issuance of vehicle certificates

of title and vehicle registrations; and

(5)(a) Shall investigate the conviction records and pending

charges of any current employee of or prospective employee being

considered for any position with the department that has or will

have:

(i) The ability to create or modify records of applicants for

enhanced drivers' licenses and identicards issued under RCW

46.20.202; and

(ii) The ability to issue enhanced drivers' licenses and

identicards under RCW 46.20.202.

(b) The investigation consists of a background check as

authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and

the federal bureau of investigation. The background check must be

conducted through the Washington state patrol criminal

identification section and may include a national check from the

federal bureau of investigation, which is through the submission of

fingerprints. The director shall use the information solely to

determine the character, suitability, and competence of current or

prospective employees subject to this section.

(c) The director shall investigate the conviction records and

pending charges of an employee subject to this subsection every five

years.

(d) Criminal justice agencies shall provide the director with

information that they may possess and that the director may require

solely to determine the employment suitability of current or

prospective employees subject to this section.



(((1) The county auditor, if appointed by the director of

licensing shall carry out the provisions of this title relating to the

licensing of vehicles and the issuance of vehicle license number

plates under the direction and supervision of the director and may

with the approval of the director appoint assistants as special

deputies and recommend subagents to accept applications and

collect fees for vehicle licenses and transfers and to deliver vehicle

license number plates.

(2) A county auditor appointed by the director may request that

the director appoint subagencies within the county.

(a) Upon authorization of the director, the auditor shall use an

open competitive process including, but not limited to, a written

business proposal and oral interview to determine the qualifications


of all interested applicants.

(b) A subagent may recommend a successor who is either the

subagent's sibling, spouse, or child, or a subagency employee, as

long as the recommended successor participates in the open,

competitive process used to select an applicant. In making

successor recommendation and appointment determinations, the

following provisions apply:

(i) If a subagency is held by a partnership or corporate entity, the

nomination must be submitted on behalf of, and agreed to by, all

partners or corporate officers.

(ii) No subagent may receive any direct or indirect

compensation or remuneration from any party or entity in

recognition of a successor nomination. A subagent may not receive

any financial benefit from the transfer or termination of an

appointment.

(iii) (a) and (b) of this subsection are intended to assist in the

efficient transfer of appointments in order to minimize public

inconvenience. They do not create a proprietary or property

interest in the appointment.

(c) The auditor shall submit all proposals to the director, and

shall recommend the appointment of one or more subagents who

have applied through the open competitive process. The auditor

shall include in his or her recommendation to the director, not only

the name of the successor who is a relative or employee, if

applicable and if otherwise qualified, but also the name of one other

applicant who is qualified and was chosen through the open

competitive process. The director has final appointment authority.

(3)(a) A county auditor who is appointed as an agent by the

department shall enter into a standard contract provided by the

director, developed with the advice of the title and registration

advisory committee.

(b) A subagent appointed under subsection (2) of this section

shall enter into a standard contract with the county auditor,

developed with the advice of the title and registration advisory

committee. The director shall provide the standard contract to

county auditors.

(c) The contracts provided for in (a) and (b) of this subsection

must contain at a minimum provisions that:

(i) Describe the responsibilities, and where applicable, the

liability, of each party relating to the service expectations and levels,

equipment to be supplied by the department, and equipment

maintenance;

(ii) Require the specific type of insurance or bonds so that the

state is protected against any loss of collected motor vehicle tax

revenues or loss of equipment;

(iii) Specify the amount of training that will be provided by the

state, the county auditor, or subagents;

(iv) Describe allowable costs that may be charged to vehicle

licensing activities as provided for in (d) of this subsection;

(v) Describe the causes and procedures for termination of the

contract, which may include mediation and binding arbitration.

(d) The department shall develop procedures that will

standardize and prescribe allowable costs that may be assigned to

vehicle licensing and vessel registration and title activities

performed by county auditors.

(e) The contracts may include any provision that the director

deems necessary to ensure acceptable service and the full collection

of vehicle and vessel tax revenues.

(f) The director may waive any provisions of the contract

deemed necessary in order to ensure that readily accessible service

is provided to the citizens of the state.

(4)(a) At any time any application is made to the director, the

county auditor, or other agent pursuant to any law dealing with

licenses, registration, or the right to operate any vehicle or vessel

upon the public highways or waters of this state, excluding

applicants already paying such fee under RCW 46.16.070 or

46.16.085, the applicant shall pay to the director, county auditor, or

other agent a fee of three dollars for each application in addition to

any other fees required by law.

(b) Counties that do not cover the expenses of vehicle licensing

and vessel registration and title activities may submit to the

department a request for cost-coverage moneys. The request must

be submitted on a form developed by the department. The

department shall develop procedures to verify whether a request is

reasonable. Payment shall be made on requests found to be

allowable from the licensing services account.

(c) Applicants for certificates of ownership, including

applicants paying fees under RCW 46.16.070 or 46.16.085, shall

pay to the director, county auditor, or other agent a fee of four

dollars in addition to any other fees required by law.

(d) The fees under (a) and (c) of this subsection, if paid to the

county auditor as agent of the director, or if paid to a subagent of the

county auditor, shall be paid to the county treasurer in the same

manner as other fees collected by the county auditor and credited to

the county current expense fund. If the fee is paid to another agent

of the director, the fee shall be used by the agent to defray his or her

expenses in handling the application.

(e) Applicants required to pay the three-dollar fee established

under (a) of this subsection, must pay an additional seventy-five

cents, which must be collected and remitted to the state treasurer and

distributed as follows:

(i) Fifty cents must be deposited into the department of licensing

services account of the motor vehicle fund and must be used for

agent and subagent support, which is to include but not be limited to

the replacement of department-owned equipment in the possession

of agents and subagents.

(ii) Twenty-five cents must be deposited into the license plate

technology account created under RCW 46.16.685.

(5) A subagent shall collect a service fee of (a) ten dollars for

changes in a certificate of ownership, with or without registration

renewal, or verification of record and preparation of an affidavit of

lost title other than at the time of the title application or transfer and

(b) four dollars for registration renewal only, issuing a transit permit,

or any other service under this section.

(6) If the fee is collected by the state patrol as agent for the

director, the fee so collected shall be certified to the state treasurer

and deposited to the credit of the state patrol highway account. If

the fee is collected by the department of transportation as agent for

the director, the fee shall be certified to the state treasurer and

deposited to the credit of the motor vehicle fund. All such fees

collected by the director or branches of his office shall be certified to

the state treasurer and deposited to the credit of the highway safety

fund.

(7) Any county revenues that exceed the cost of providing

vehicle licensing and vessel registration and title activities in a

county, calculated in accordance with the procedures in subsection

(3)(d) of this section, shall be expended as determined by the county

legislative authority during the process established by law for

adoption of county budgets.

(8) The director may adopt rules to implement this section.))

(1) County auditor/agent duties. A county auditor or other agent

appointed by the director shall:

(a) Enter into a standard contract provided by the director, as

developed in consultation with the advice of the title and registration

advisory committee;

(b) Provide all services authorized by the director for vehicle

certificates of title and vehicle registration applications and issuance

under the direction and supervision of the director including, but not

limited to:

(i) Processing reports of sale;

(ii) Processing transitional ownership transactions;

(iii) Processing mail-in vehicle registration renewals until



directed otherwise by legislative authority;

(iv) Issuing registrations and temporary ORV use permits for

off-road vehicles as required under chapter 46.09 RCW;

(v) Issuing registrations for snowmobiles as required under

chapter 46.10 RCW; and

(vi) Collecting fees and taxes as required.

(2) County auditor/agent assistants and subagents. A

county auditor or other agent appointed by the director may, with

approval of the director:

(a) Appoint assistants as special deputies to accept applications

for vehicle certificates of title and to issue vehicle registrations; and

(b) Recommend and request that the director appoint

subagencies within the county to accept applications for vehicle

certificates of title and vehicle registration application issuance.

(3) Appointing subagents. A county auditor or other agent

appointed by the director who requests a subagency shall, with

approval of the director:

(a) Use an open competitive process including, but not limited

to, a written business proposal and oral interview to determine the

qualifications of all interested applicants; and

(b) Submit all proposals to the director with a recommendation

for appointment of one or more subagents who have applied through

the open competitive process. If a qualified successor who is an

existing subagent's sibling, spouse, or child, or a subagency

employee has applied, the county auditor shall provide the name of

the qualified successor and the name of one other applicant who is

qualified and was chosen through the open competitive process.

(4) Subagent duties. A subagent appointed by the director

shall:

(a) Enter into a standard contract with the county auditor or

agent provided by the director, as developed in consultation with the

title and registration advisory committee; and

(b) Provide all services authorized by the director for vehicle

certificates of title and vehicle registration applications and issuance

under the direction and supervision of the county auditor or agent

and the director including, but not limited to:

(i) Processing reports of sale;

(ii) Processing transitional ownership transactions;

(iii) Mailing out vehicle registrations and replacement plates to

internet payment option customers until directed otherwise by

legislative authority;

(iv) Issuing registrations and temporary ORV use permits for

off-road vehicles as required under chapter 46.09 RCW;

(v) Issuing registrations for snowmobiles as required under

chapter 46.10 RCW; and

(vi) Collecting fees and taxes as required.

(5) Subagent successorship. A subagent appointed by the

director who no longer wants his or her appointment may

recommend a successor who is the subagent's sibling, spouse, or

child, or a subagency employee. The recommended successor

must participate in the open competitive process used to select an

applicant. In making successor recommendations and appointment

determinations, the following provisions apply:

(a) If a subagency is held by a partnership or corporate entity,

the nomination must be submitted on behalf of, and agreed to by, all

partners or corporate officers;

(b) A subagent may not receive any direct or indirect

compensation or remuneration from any party or entity in

recognition of a successor nomination. A subagent may not receive

any financial benefit from the transfer or termination of an

appointment; and

(c) The appointment of a successor is intended to assist in the

efficient transfer of appointments to minimize public

inconvenience. The appointment of a successor does not create a

proprietary or property interest in the appointment.

(6) Standard contracts. The standard contracts provided by

the director in this section may include provisions that the director

deems necessary to ensure that readily accessible and acceptable

service is provided to the citizens of the state, including the full

collection of fees and taxes. The standard contracts must include

provisions that:

(a) Describe responsibilities and liabilities of each party related

to service expectations and levels;

(b) Describe the equipment to be supplied by the department

and equipment maintenance;

(c) Require specific types of insurance or bonds, or both, to

protect the state against any loss of collected revenue or loss of

equipment;

(d) Specify the amount of training that will be provided by each

of the parties;

(e) Describe allowable costs that may be charged for vehicle

registration activities as described in subsection (7) of this section;

and

(f) Describe causes and procedures for termination of the

contract, which may include mediation and binding arbitration.

(7) County auditor/agent cost reimbursement. A county

auditor or other agent appointed by the director who does not cover

expenses for services provided by the standard contract may submit

to the department a request for cost-coverage moneys. The request

must be submitted on a form developed by the department. The

department shall develop procedures to standardize and identify

allowable costs and to verify whether a request is reasonable.

Payment must be made on those requests found to be allowable

from the licensing services account.

(8) County auditor/agent revenue disbursement. County

revenues that exceed the cost of providing services described in the

standard contract, calculated in accordance with the procedures in

subsection (7) of this section, must be expended as determined by

the county legislative authority during the process established by

law for adoption of county budgets.

(9) Appointment authority. The director has final

appointment authority for county auditors or other agents or

subagents.

(10) Rules. The director may adopt rules to implement this

section.



(((1) The department of licensing is authorized to accept checks

and money orders for payment of drivers' licenses, certificates of

ownership and registration, motor vehicle excise taxes, gross weight

fees, and other fees and taxes collected by the department, in

accordance with regulations adopted by the director. The director's

regulations shall duly provide for the public's convenience

consistent with sound business practice and shall encourage the

annual renewal of vehicle registrations by mail to the department,

authorizing checks and money orders for payment. Such

regulations shall contain provisions for cancellation of any

registrations, licenses, or permits paid for by checks or money

orders which are not duly paid and for the necessary accounting

procedures in such cases: PROVIDED, That any bona fide

purchaser for value of a vehicle shall not be liable or responsible for

any prior uncollected taxes and fees paid, pursuant to this section, by

a check which has subsequently been dishonored: AND

PROVIDED FURTHER, That no transfer of ownership of a vehicle

may be denied to a bona fide purchaser for value of a vehicle if there

are outstanding uncollected fees or taxes for which a predecessor

paid, pursuant to this section, by check which has subsequently been

dishonored nor shall the new owner be required to pay any fee for

replacement vehicle license number plates that may be required

pursuant to RCW 46.16.270 as now or hereafter amended.


(2) It is a traffic infraction to fail to surrender within ten days to

the department or any authorized agent of the department any

certificate, license, or permit after being notified that such

certificate, license, or permit has been canceled pursuant to this

section. Notice of cancellation may be accomplished by sending a

notice by first-class mail using the last known address in department

records for the holder of the certificate, license, or permit, and

recording the transmittal on an affidavit of first-class mail.

(3) Whenever registrations, licenses, or permits have been paid

for by checks that have been dishonored by nonacceptance or

nonpayment, a reasonable handling fee may be assessed for each

such instrument. Notwithstanding provisions of any other laws,

county auditors, agents, and subagents, appointed or approved by

the director pursuant to RCW 46.01.140, may collect restitution, and

where they have collected restitution may retain the reasonable

handling fee. The amount of the reasonable handling fee may be

set by rule by the director.

(4) In those counties where the county auditor has been

appointed an agent of the director under RCW 46.01.140, the

auditor shall continue to process mail-in registration renewals until

directed otherwise by legislative authority. Subagents appointed

by the director under RCW 46.01.140 have the same authority to

mail out registrations and replacement plates to Internet payment

option customers as the agents until directed otherwise by legislative

authority. The department shall provide separate statements giving

notice to Internet payment option customers that: (a) A subagent

service fee, as provided in RCW 46.01.140(5)(b), will be collected

by a subagent office for providing mail and pick-up services; and (b)

a filing fee will be collected on all transactions listed under RCW

46.01.140(4)(a). The statement must include the amount of the fee

and be published on the department's Internet web site on the page

that lists each department, county auditor, and subagent office,

eligible to provide mail or pick-up services for registration renewals

and replacement plates. The statements must be published below

each office listed.))

(1) The department may accept checks and money orders for the

payment of drivers' licenses, certificates of title and vehicle

registrations, vehicle excise taxes, gross weight fees, and other fees

and taxes collected by the department. Whenever registrations,

licenses, or permits have been paid for by checks or money orders

that have been dishonored by nonacceptance or nonpayment, the

department shall:

(a) Cancel the registration, license, or permit;

(b) Send a notice of cancellation by first-class mail using the last

known address in department records for the holder of the

certificate, license, or permit, and complete an affidavit of first- class

mail; and

(c) Assess a handling fee, set by rule.

(2) It is a traffic infraction to fail to surrender a certificate of

title, registration certificate, or permit to the department or to an

authorized agent within ten days of being notified that the

certificate, registration, or permit has been cancelled.

(3) County auditors, agents, and subagents appointed by the

director may collect restitution for dishonored checks and money

orders and keep the handling fee.

(4) A person who has recently acquired a vehicle by purchase,

exchange, gift, lease, inheritance, or legal action is not liable or

responsible for the payment of uncollected fees and taxes that were

paid for by a predecessor's check or money order that was

subsequently dishonored. The department may not deny an

application to transfer ownership for the uncollected amount.

(5) The director may adopt rules to implement this section.

The rules must provide for the public's convenience consistent with

sound business practice and encourage annual renewal of vehicle

registrations by mail, authorizing checks and money orders for

payment.



(1) The department shall provide on its internet payment option

web site:

(a) That a filing fee will be collected on all transactions subject

to a filing fee;

(b) That a subagent service fee will be collected by a subagent

office for mail or pick-up licensing services; and

(c) The amount of the filing and subagent service fees.

(2) The filing and subagent service fees must be shown below

each office listed.



The department may adopt necessary rules and procedures to

allow use of credit and debit cards for payment of fees and excise

taxes to the department and its agents or subagents related to the

licensing of drivers, the issuance of identicards, and vehicle and

vessel ((titling)) certificates of title and registration. The

department may establish a convenience fee to be paid by the credit

or debit card user whenever a credit or debit card is chosen as the

payment method. The fee must be sufficient to offset the charges

imposed on the department and its agents and subagents by credit

and debit card companies. In no event may the use of credit or

debit cards authorized by this section create a loss of revenue to the

state.

The use of a personal credit card does not rely upon the credit of

the state as prohibited by Article VIII, section 5 of the state

Constitution.



(1) Except as provided in subsection (2) of this section, the

director((, in his or her discretion,)) may destroy applications for

vehicle ((licenses)) registrations, copies of vehicle ((licenses))

registrations issued, applications for drivers' licenses, copies of

issued drivers' licenses, certificates of title and registration or other

documents, and records or supporting papers on file in ((his or her

office which)) the department that have been microfilmed or

photographed or are more than five years old. ((If the)) The

director may destroy applications for vehicle ((licenses))

registrations that are renewal applications((, the director may

destroy such applications)) when the computer record ((thereof)) of

the applications has been updated.

(2)(a) The director shall not destroy records of convictions or

adjudications of RCW 46.61.502, 46.61.504, 46.61.520, and

46.61.522, or records of deferred prosecutions granted under RCW

10.05.120 and shall maintain such records permanently on file.

(b) The director shall not, within fifteen years from the date of

conviction or adjudication, destroy records if the offense was

originally charged as one of the offenses designated in (a) of this

subsection, convictions or adjudications of the following offenses:

RCW 46.61.500 or 46.61.5249 or any other violation that was

originally charged as one of the offenses designated in (a) of this

subsection.

(c) For purposes of RCW 46.52.101 and 46.52.130, offenses

subject to this subsection shall be considered "alcohol-related"

offenses.



((The)) A county auditor or other agent appointed by the

director may destroy applications for vehicle ((licenses))

registrations and any copies of vehicle ((licenses)) registrations or

other records issued after ((such)) those records have been on file in

the county auditor's or other agent's office for a period of eighteen

months, unless otherwise directed by the director.





No civil suit or action may ever be commenced or prosecuted

against the director, the state of Washington, any county auditor or

other agents appointed by the director, ((or against)) any other

government officer or entity, or against any other person, by reason

of any act done or omitted to be done in connection with the titling((,

licensing,)) or registration of vehicles or vessels while administering

duties and responsibilities imposed on the director or as an agent of

the director ((of licensing)), or as ((an agent)) a subagent of an agent

of the director ((of licensing, pursuant to RCW 46.01.140.

However,)). This section does not bar the state of Washington or

the director ((of licensing)) from bringing any action, whether civil

or criminal, against any ((such)) agent, nor shall it bar a county

auditor or other agent of the director from bringing an action against

((his or her)) the agent.



(1) ((Except as provided in subsection (3) of this section,)) The

department ((of licensing is authorized to)) may issue confidential

((motor vehicle)) license plates to:

(a) Units of local government and ((to)) agencies of the federal

government for law enforcement purposes only;

(b) Any state official elected on a statewide basis for use on

official business. Only one set of confidential license plates may be

issued to these elected officials;

(c) Any other public officer or public employee for the personal

security of the officer or employee when recommended by the chief

of the Washington state patrol. These confidential license plates

may only be used on an unmarked publicly owned or controlled

vehicle of the employing government agency for the conduct of

official business for the period of time that the personal security of

the state official, public officer, or other public employee may

require; and

(d) The office of the state treasurer. These confidential license

plates may only be used on an unmarked state owned or controlled

vehicle when required for the safe transportation of either state

funds or negotiable securities to or from the office of the state

treasurer.

(2) ((Except as provided in subsections (3) and (4) of this

section)) The use of confidential license plates on other vehicles

owned or operated by the state of Washington by any officer or

employee ((thereof, shall be)) of the state is limited to confidential,

investigative, or undercover work of state law enforcement

agencies, confidential public health work, and confidential public

assistance fraud or support investigations.

(3) ((Any state official elected on a statewide basis shall be

provided on request with one set of confidential plates for use on

official business. When necessary for the personal security of any

other public officer, or public employee, the chief of the Washington

state patrol may recommend that the director issue confidential

plates for use on an unmarked publicly owned or controlled vehicle

of the appropriate governmental unit for the conduct of official

business for the period of time that the personal security of such

state official, public officer, or other public employee may require.

The office of the state treasurer may use an unmarked state owned or

controlled vehicle with confidential plates where required for the

safe transportation of either state funds or negotiable securities to or

from the office of the state treasurer.

(4))) The director ((of licensing)) may ((issue)) adopt rules ((and

regulations)) governing applications for, and the use of, ((such))

confidential license plates ((by law enforcement and other public

agencies)).



The director of general administration shall have power to

devise and promulgate rules and regulations for the control of

vehicular and pedestrian traffic and the parking of motor vehicles on

the state capitol grounds. However, the monetary penalty for

parking a motor vehicle without a valid special license plate or

placard in a parking place reserved for ((physically disabled))

persons with physical disabilities shall be the same as provided in

((RCW 46.16.381)) section 706 of this act. Such rules and

regulations shall be promulgated by publication in one issue of a

newspaper published at the state capitol and shall be given such

further publicity as the director may deem proper.





(1) "Advisory committee" means the nonhighway and off-road

vehicle activities advisory committee established in RCW

46.09.280 (as recodified by this act).

(2) "Board" means the recreation and conservation funding

board established in RCW 79A.25.110.

(3) "Dealer" means a person, partnership, association, or

corporation engaged in the business of selling off-road vehicles at

wholesale or retail in this state.

(4) (("Department" means the department of licensing.

(5))) "Highway," for the purpose of this chapter only, means the

entire width between the boundary lines of every roadway publicly

maintained by the state department of transportation or any county

or city with funding from the motor vehicle fund. A highway is

generally capable of travel by a conventional two-wheel drive

passenger automobile during most of the year and in use by such

vehicles.

(((6) "Motorized vehicle" means a vehicle that derives motive

power from an internal combustion engine.

(7))) (5) "Nonhighway road" means any road owned or

managed by a public agency or any private road for which the owner

has granted an easement for public use for which appropriations

from the motor vehicle fund were not used for (a) original

construction or reconstruction in the last twenty-five years; or (b)

maintenance in the last four years.

(((8))) (6) "Nonhighway road recreation facilities" means

recreational facilities that are adjacent to, or accessed by, a

nonhighway road and intended primarily for nonhighway road

recreational users.

(((9))) (7) "Nonhighway road recreational user" means a person

whose purpose for consuming fuel on a nonhighway road or

off-road is primarily for nonhighway road recreational purposes,

including, but not limited to, hunting, fishing, camping, sightseeing,

wildlife viewing, picnicking, driving for pleasure,

kayaking/canoeing, and gathering berries, firewood, mushrooms,

and other natural products.

(((10))) (8) "Nonhighway vehicle" means any motorized

vehicle including an ORV when used for recreational purposes on

nonhighway roads, trails, or a variety of other natural terrain.

Nonhighway vehicle does not include:

(a) Any vehicle designed primarily for travel on, over, or in the

water;

(b) Snowmobiles or any military vehicles; or

(c) Any vehicle eligible for a motor vehicle fuel tax exemption

or rebate under chapter 82.36 RCW while an exemption or rebate is

claimed. This exemption includes but is not limited to farm,

construction, and logging vehicles.

(((11))) (9) "Nonmotorized recreational facilities" means

recreational trails and facilities that are adjacent to, or accessed by, a

nonhighway road and intended primarily for nonmotorized

recreational users.

(((12))) (10) "Nonmotorized recreational user" means a person

whose purpose for consuming fuel on a nonhighway road or


off-road is primarily for nonmotorized recreational purposes

including, but not limited to, walking, hiking, backpacking,

climbing, cross-country skiing, snowshoeing, mountain biking,

horseback riding, and pack animal activities.

(((13) "Off-road vehicle" or "ORV" means any nonstreet

licensed vehicle when used for recreational purposes on

nonhighway roads, trails, or a variety of other natural terrain. Such

vehicles include, but are not limited to, all-terrain vehicles,

motorcycles, four-wheel drive vehicles, and dune buggies.

(14) "Operator" means each person who operates, or is in

physical control of, any nonhighway vehicle.

(15))) (11) "Organized competitive event" means any

competition, advertised in advance through written notice to

organized clubs or published in local newspapers, sponsored by

recognized clubs, and conducted at a predetermined time and place.

(((16))) (12) "ORV recreation facilities" include, but are not

limited to, ORV trails, trailheads, campgrounds, ORV sports parks,

and ORV use areas, designated for ORV use by the managing

authority that are intended primarily for ORV recreational users.

(((17))) (13) "ORV recreational user" means a person whose

purpose for consuming fuel on nonhighway roads or off-road is

primarily for ORV recreational purposes, including but not limited

to riding an all- terrain vehicle, motorcycling, or driving a

four-wheel drive vehicle or dune buggy.

(((18))) (14) "ORV sports park" means a facility designed to

accommodate competitive ORV recreational uses including, but not

limited to, motocross racing, four-wheel drive competitions, and flat

track racing. Use of ORV sports parks can be competitive or

noncompetitive in nature.

(((19))) (15) "ORV trail" means a multiple-use corridor

designated by the managing authority and maintained for

recreational use by motorized vehicles.

(((20) "ORV use permit" means a permit issued for operation of

an off-road vehicle under this chapter.

(21) "Owner" means the person other than the lienholder,

having an interest in or title to a nonhighway vehicle, and entitled to

the use or possession thereof.

(22) "Person" means any individual, firm, partnership,

association, or corporation.))


chapter 46.09 RCW under the subchapter heading "general

provisions" to read as follows:

The department shall issue a certificate of title to the owner of

an off-road vehicle. The owner shall pay the fee established under

section 508 of this act. Issuance of the certificate of title does not

qualify the vehicle for registration under chapter 46.16 RCW.



The department shall ((provide for the issuance of use permits

for off-road vehicles and may appoint agents for collecting fees and

issuing permits. The department shall charge each applicant for

registration the actual cost of the decal. The department shall make

available replacement decals for a fee equivalent to the actual cost of

the decals. The provisions of RCW 46.01.130 and 46.01.140 apply

to the issuance of use permits for off-road vehicles as they do to the

issuance of vehicle licenses, the appointment of agents and the

collection of application fees)):

(1) Issue registrations and temporary ORV use permits for

off-road vehicles;

(2) Issue decals for off-road vehicles. The decals serve the

same function as license plates for vehicles registered under chapter

46.16 RCW; and

(3) Charge a fee for each decal covering the actual cost of the

decal.

Sec. 216. RCW 46.09.040 and 1977 ex.s. c 220 s 3 are each


Except as provided in this chapter, ((no)) a person shall not

operate ((any)) an off-road vehicle within this state ((after January 1,

1978,)) unless the off-road vehicle has been assigned an ORV

registration or temporary ORV use permit and displays ((a current

ORV tag in accordance with the provisions of this chapter:

PROVIDED, That registration and display of an unexpired ATV

use permit shall be deemed to have complied with this section))

current decals and tabs as required under this chapter.



ORV ((use permits)) registrations and ((ORV tags shall be))

decals are required under ((the provisions of)) this chapter except for

the following:

(1) Off-road vehicles owned and operated by the United States,

another state, or a political subdivision ((thereof)) of the United

States or another state.

(2) Off-road vehicles owned and operated by this state, ((or by

any)) a municipality, or a political subdivision ((thereof)) of this

state or the municipality.

(3) Off-road vehicles operated on agricultural lands owned or

leased by the ((ORV)) off-road vehicle owner or operator.

(4) Off-road vehicles owned by a resident of another state that

have a valid ORV use permit or vehicle ((license)) registration

issued in accordance with the laws of the other state. This

exemption ((shall apply)) applies only to the extent that a similar

exemption or privilege is granted under the laws of that state.

(5) Off-road vehicles while being used for search and rescue

purposes under the authority or direction of an appropriate search

and rescue or law enforcement agency.

(6) Vehicles ((which are licensed pursuant to)) registered under

chapter 46.16 RCW or, in the case of nonresidents, vehicles ((which

are)) validly ((licensed)) registered for operation over public

highways in the jurisdiction of the owner's residence.



(((1) Application for annual or temporary ORV use permits

shall be made to the department or its authorized agent in such

manner and upon such forms as the department shall prescribe and

shall state the name and address of each owner of the off-road

vehicle.

(2) An application for an annual permit shall be signed by at

least one owner, and shall be accompanied by a fee of eighteen

dollars. Upon receipt of the annual permit application and the

application fee, the off-road vehicle shall be assigned a use permit

number tag or decal, which shall be affixed to the off-road vehicle in

a manner prescribed by the department. The annual permit is valid

for a period of one year and is renewable each year in such manner

as the department may prescribe for an additional period of one year

upon payment of a renewal fee of eighteen dollars.

Any person acquiring an off-road vehicle for which an annual

permit has been issued who desires to continue to use the permit

must, within fifteen days of the acquisition of the off-road vehicle,

make application to the department or its authorized agent for

transfer of the permit, and the application shall be accompanied by a

transfer fee of five dollars.

(3) A temporary use permit is valid for sixty days. Application

for a temporary permit shall be accompanied by a fee of seven

dollars. The permit shall be carried on the vehicle at all times

during its operation in the state.

(4) Except as provided in RCW 46.09.050, any out-of-state

operator of an off-road vehicle shall, when operating in this state,

comply with this chapter, and if an ORV use permit is required

under this chapter, the operator shall obtain an annual or temporary

permit and tag.))

(1) The application for an original ORV registration has the same

requirements as described for original vehicle registrations in RCW



46.16.040 (as recodified by this act) and must be accompanied by

the annual off-road vehicle license fee required under section 531 of

this act, in addition to any other fees or taxes due for the application.

(2) The application for renewal of an ORV registration has the

same requirements as described for the renewal of vehicle

registrations in RCW 46.16.210 (as recodified by this act) and must

be accompanied by the annual off-road vehicle license fee required

under section 531 of this act, in addition to any other fees or taxes

due for the application.

(3) The annual ORV registration is valid for one year and may

be renewed each subsequent year as prescribed by the department.

(4) A person who acquires an off-road vehicle that has an ORV

registration must:

(a) Apply to the department, county auditor or other agent, or

subagent appointed by the director for a transfer of the ORV

registration within fifteen days of taking possession of the off-road

vehicle; and

(b) Pay the ORV registration transfer fee required under section

536 of this act, in addition to any other fees or taxes due at the time

of application.

(5) The department shall issue an ORV registration, decals, and

tabs upon receipt of:

(a) A properly completed application for an original ORV

registration; and

(b) The payment of all fees and taxes due at the time of

application.

(6) The ORV registration must be carried on the vehicle for

which it was issued at all times during its operation in this state.

(7) Off-road vehicle decals must be affixed to the off-road

vehicle in a manner prescribed by the department.

(8) Unless exempt under RCW 46.09.050 (as recodified by this

act), any out-of-state operator of an off-road vehicle, when operating

in this state, must comply with this chapter. If an ORV registration

is required under this chapter, the out-of-state operator must obtain

an ORV registration and decal or a temporary ORV use permit.


chapter 46.09 RCW under the subchapter heading "use permits" to

read as follows:

(1) The application for a temporary ORV use permit must be

made by the owner or the owner's authorized representative to the

department, county auditor or other agent, or subagent appointed by

the director on a form furnished or approved by the department.

The application must contain:

(a) The name and address of each owner of the off-road vehicle;

and

(b) Other information that the department may require.

(2) The owner or the owner's authorized representative shall

sign the application for a temporary ORV use permit.

(3) The application for a temporary ORV use permit must be

accompanied by the temporary ORV use permit fee required under

section 535 of this act, in addition to any other fees or taxes due for

the application.

(4) A temporary ORV use permit:

(a) Is valid for sixty days; and

(b) Must be carried on the vehicle for which it was issued at all

times during its operation in this state.



(1) Each dealer of off-road vehicles in this state ((who does not

have a current "dealer's plate" for vehicle use pursuant to chapter

46.70 RCW)) shall obtain either a miscellaneous vehicle dealer

license as defined in RCW 46.70.011 or an ((ORV)) off-road

vehicle dealer ((permit)) license from the department in ((such)) a

manner ((and upon such forms as)) prescribed by the department

((shall prescribe)). Upon receipt of an application for an ((ORV))

off-road vehicle dealer ((permit)) license and the fee described

under subsection (2) of this section, the dealer ((shall be registered))

is licensed and an ((ORV)) off-road vehicle dealer ((permit)) license

number must be assigned.

(2) The annual fee for ((ORV)) an off-road vehicle dealer

((permits shall be)) license is twenty-five dollars ((per year)), which

covers all of the off-road vehicles owned by a dealer and not rented.

Off- road vehicles rented on a regular, commercial basis by a dealer

((shall)) must have separate ((use permits)) registrations.

(3) Upon the issuance of an ((ORV)) off-road vehicle dealer

((permit)) license, each dealer may purchase, at a cost to be

determined by the department, ((ORV)) off-road vehicle dealer

((number)) license plates of a size and color to be determined by the

department((, that)). The off-road vehicle dealer license plates

must contain the off-road vehicle dealer ((ORV permit)) license

number assigned to the dealer. Each off-road vehicle operated by a

dealer, dealer representative, or prospective customer for the

purposes of testing or demonstration shall display ((such number))

dealer license plates assigned ((pursuant to the dealer permit

provisions in chapter 46.70 RCW or this section, in a manner

prescribed)) by the department.

(4) ((No)) A dealer, dealer representative, or prospective

customer ((shall use such number)) may only use dealer license

plates for ((any purpose other than)) the purposes prescribed in


(5) ((ORV)) Off-road vehicle dealer ((permit)) license numbers

((shall be)) are nontransferable.

(6) It is unlawful for any dealer to sell any off-road vehicle at

wholesale or retail or to test or demonstrate any off-road vehicle

within the state unless ((he has a motor vehicle dealers' license

pursuant to chapter 46.70 RCW or an ORV dealer permit number in

accordance with)) the dealer has either a miscellaneous vehicle

dealer license as defined in RCW 46.70.011 or an off-road vehicle

dealer license as required under this section.

(7) When an ((ORV)) off-road vehicle is sold by a dealer, the

dealer shall apply for a certificate of title in the purchaser's name

within fifteen days following the sale.

(8) Except as provided in RCW 46.09.050, it is unlawful for any

dealer to sell at retail an off-road vehicle without registration

required in RCW 46.09.040.



(1) Except as otherwise provided in this section, it is lawful to

operate an off-road vehicle upon:

(a) A nonhighway road and in parking areas serving designated

off- road vehicle areas if the state, federal, local, or private authority

responsible for the management of the nonhighway road authorizes

the use of off-road vehicles; and

(b) A street, road, or highway as authorized under RCW


(2) Operations of an off-road vehicle on a nonhighway road, or

on a street, road, or highway as authorized under RCW 46.09.180

(as recodified by this act), under this section is exempt from

((licensing)) registration requirements of chapter 46.16 RCW

((46.16.010)) and vehicle lighting and equipment requirements of

chapter 46.37 RCW.

(3) It is unlawful to operate an off-road vehicle upon a private

nonhighway road if the road owner has not authorized the use of off-

road vehicles.

(4) Nothing in this section authorizes trespass on private

property.

(5) The provisions of RCW 4.24.210(5) shall apply to public

landowners who allow members of the public to use public facilities

accessed by a highway, street, or nonhighway road for recreational

off- road vehicle use.


Sec. 222. RCW 46.09.170 and 2009 c 564 s 944 and 2009 c

187 s 2 are each reenacted and amended to read as follows:

(1) From time to time, but at least once each year, the state

treasurer shall refund from the motor vehicle fund one percent of the

motor vehicle fuel tax revenues collected under chapter 82.36 RCW,

based on a tax rate of: (a) Nineteen cents per gallon of motor

vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty

cents per gallon of motor vehicle fuel from July 1, 2005, through

June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel

from July 1, 2007, through June 30, 2009; (d) twenty-two cents per

gallon of motor vehicle fuel from July 1, 2009, through June 30,

2011; and (e) twenty- three cents per gallon of motor vehicle fuel

beginning July 1, 2011, and thereafter, less proper deductions for

refunds and costs of collection as provided in RCW 46.68.090.

(2) The treasurer shall place these funds in the general fund as

follows:

(a) Thirty-six percent shall be credited to the ORV and

nonhighway vehicle account and administered by the department of

natural resources solely for acquisition, planning, development,

maintenance, and management of ORV, nonmotorized, and

nonhighway road recreation facilities, and information programs

and maintenance of nonhighway roads;

(b) Three and one-half percent shall be credited to the ORV and

nonhighway vehicle account and administered by the department of

fish and wildlife solely for the acquisition, planning, development,


nonhighway road recreation facilities and the maintenance of

nonhighway roads;

(c) Two percent shall be credited to the ORV and nonhighway

vehicle account and administered by the parks and recreation

commission solely for the acquisition, planning, development,


nonhighway road recreation facilities; and

(d) Fifty-eight and one-half percent shall be credited to the

nonhighway and off-road vehicle activities program account to be

administered by the board for planning, acquisition, development,


nonhighway road recreation facilities and for education,

information, and law enforcement programs. The funds under this

subsection shall be expended in accordance with the following

limitations:

(i) Not more than thirty percent may be expended for education,

information, and law enforcement programs under this chapter;

(ii) Not less than seventy percent may be expended for ORV,

nonmotorized, and nonhighway road recreation facilities. Except

as provided in (d)(iii) of this subsection, of this amount:

(A) Not less than thirty percent, together with the funds the

board receives under RCW 46.09.110 (as recodified by this act),

may be expended for ORV recreation facilities;

(B) Not less than thirty percent may be expended for

nonmotorized recreation facilities. Funds expended under this

subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor

recreation facilities funds; and

(C) Not less than thirty percent may be expended for

nonhighway road recreation facilities;

(iii) The board may waive the minimum percentage cited in

(d)(ii) of this subsection due to insufficient requests for funds or

projects that score low in the board's project evaluation. Funds

remaining after such a waiver must be allocated in accordance with

board policy.

(3) On a yearly basis an agency may not, except as provided in

RCW 46.09.110 (as recodified by this act), expend more than ten

percent of the funds it receives under this chapter for general

administration expenses incurred in carrying out this chapter.

(4) During the 2009-2011 fiscal biennium, the legislature may

appropriate such amounts as reflect the excess fund balance in the

NOVA account to the department of natural resources to install

consistent off-road vehicle signage at department-managed

recreation sites, and to implement the recreation opportunities on

department-managed lands in the Reiter block and Ahtanum state

forest, and to the state parks and recreation commission for

maintenance and operation of parks and to improve accessibility for

boaters and off-road vehicle users. This appropriation is not

required to follow the specific distribution specified in subsection

(2) of this section.



(1) After deducting administrative expenses and the expense of

any programs conducted under this chapter, the board shall, at least

once each year, distribute the funds it receives under RCW

46.09.110 and 46.09.170 (as recodified by this act) to state agencies,

counties, municipalities, federal agencies, nonprofit ((ORV))

off-road vehicle organizations, and Indian tribes. Funds distributed

under this section to nonprofit ((ORV)) off-road vehicle

organizations may be spent only on projects or activities that benefit

((ORV)) off-road vehicle recreation on lands once publicly owned

that come into private ownership in a federally approved land

exchange completed between January 1, 1998, and January 1, 2005.

(2) The board shall adopt rules governing applications for funds

administered by the recreation and conservation office under this

chapter and shall determine the amount of money distributed to each

applicant. Agencies receiving funds under this chapter for capital

purposes shall consider the possibility of contracting with the state

parks and recreation commission, the department of natural

resources, or other federal, state, and local agencies to employ the

youth development and conservation corps or other youth crews in

completing the project.

(3) The board shall require each applicant for acquisition or

development funds under this section to comply with the

requirements of either the state environmental policy act, chapter

43.21C RCW, or the national environmental policy act (42 U.S.C.

Sec. 4321 et seq.).



(1) The board shall establish the nonhighway and off-road

vehicle activities advisory committee to provide advice regarding

the administration of this chapter. The committee consists of

governmental representatives, land managers, and a proportional

representation of persons with recreational experience in areas

identified in the most recent fuel use study, including but not limited

to people with ((ORV)) off-road vehicle, hiking, equestrian,

mountain biking, hunting, fishing, and wildlife viewing experience.

(2) After the advisory committee has made recommendations

regarding the expenditure of the fuel tax revenue portion of the

nonhighway and off-road vehicle account moneys, the advisory

committee's ((ORV)) off- road vehicle and mountain biking

recreationists, governmental representatives, and land managers will

make recommendations regarding the expenditure of funds received

under RCW 46.09.110 (as recodified by this act).

(3) At least once a year, the board, the department of natural

resources, the department of fish and wildlife, and the state parks

and recreation commission shall report to the nonhighway and

off-road vehicle activities advisory committee on the expenditures

of funds received under RCW 46.09.110 and 46.09.170 (as

recodified by this act) and must proactively seek the advisory

committee's advice regarding proposed expenditures.

(4) The advisory committee shall advise these agencies

regarding the allocation of funds received under RCW 46.09.170 (as

recodified by this act) to ensure that overall expenditures reflect

consideration of the results of the most recent fuel use study.





((As used in this chapter the words and phrases in this section

shall have the designated meanings unless a different meaning is

expressly provided or the context otherwise clearly indicated.

(1) "Person" shall mean any individual, firm, partnership,

association, or corporation.

(2) "Snowmobile" shall mean any self-propelled vehicle

capable of traveling over snow or ice, which utilizes as its means of

propulsion an endless belt tread, or cleats, or any combination of

these or other similar means of contact with the surface upon which

it is operated, and which is steered wholly or in part by skis or sled

type runners, and which is not otherwise registered as, or subject to

the motor vehicle excise tax in the state of Washington.

(3) "Vintage snowmobile" means a snowmobile manufactured

at least thirty years ago.

(4))) The following definitions apply throughout this chapter


(1) "All terrain vehicle" ((shall)) means any self-propelled

vehicle other than a snowmobile, capable of cross-country travel on

or immediately over land, water, snow, ice, marsh, swampland, and

other natural terrain, including, but not limited to, four-wheel

vehicles, amphibious vehicles, ground effect or air cushion vehicles,

and any other means of land transportation deriving motive power

from any source other than muscle or wind; except any vehicle

designed primarily for travel on, over, or in the water, farm vehicles,

or any military or law enforcement vehicles.

(((5) "Owner" shall mean the person, other than a lienholder,

having the property in or title to a snowmobile or all terrain vehicle,

and entitled to the use or possession thereof.

(6) "Operator" means each person who operates, or is in

physical control of, any snowmobile or all terrain vehicle.

(7))) (2) "Public roadway" ((shall)) means the entire width of

the right-of-way of any road or street designed and ordinarily used

for travel or parking of motor vehicles, which is controlled by a

public authority other than the Washington state department of

transportation, and which is open as a matter of right to the general

public for ordinary vehicular traffic.

(((8))) (3) "Highway((s))" ((shall)) means the entire width of the

right-of-way of ((all)) a primary and secondary state highway((s)),

including ((all)) any portion((s)) of the interstate highway system.

(((9))) (4) "Dealer" means a person, partnership, association, or

corporation engaged in the business of selling snowmobiles or all

terrain vehicles at wholesale or retail in this state.

(((10) "Department" shall mean the department of licensing.

(11) "Director" shall mean the director of the department of

licensing.

(12))) (5) "Commission" ((shall)) means the Washington state

parks and recreation commission.

(((13))) (6) "Hunt" ((shall)) means any effort to kill, injure,

capture, or disturb a wild animal or wild bird.

(((14))) (7) "Committee" means the Washington state parks and

recreation commission snowmobile advisory committee.



(1) Except as provided in this chapter, a person may not operate

((any)) a snowmobile within this state unless ((such)) the

snowmobile has been registered ((in accordance with the provisions

of)) as required under this chapter.

(2) ((A registration number shall)) Snowmobile decals must be

assigned, without the payment of a fee, to snowmobiles owned by

the state of Washington or its political subdivisions((, and the

assigned registration number shall)). The snowmobile decals must

be displayed upon each snowmobile in ((such manner as provided

by)) accordance with rules adopted by the department.



((No)) Registration ((shall be)) is not required under ((the

provisions of)) this chapter for the following ((described))

snowmobiles:

(1) Snowmobiles owned and operated by the United States,

another state, or a political subdivision thereof.

(2) A snowmobile owned by a resident of another state or

Canadian province if that snowmobile is registered ((in accordance

with)) under the laws of the state or province in which its owner

resides((, but only to the extent that a similar exemption or privilege

is granted under the laws of that state or province for snowmobiles

registered in this state: PROVIDED, That)). This exemption

applies only to the extent that a similar exemption or privilege is

granted under the laws of that state or province. Any snowmobile

((which)) that is validly registered in another state or province and

((which)) that is physically located in this state for a period of more

than fifteen consecutive days ((shall be)) is subject to registration

under ((the provisions of)) this chapter.



(((1) Application for registration shall be made to the

department in the manner and upon forms the department

prescribes, and shall state the name and address of each owner of the

snowmobile to be registered, and shall be signed by at least one such

owner, and shall be accompanied by an annual registration fee as

described in (a) of this subsection.

(a) The annual registration fee for snowmobiles manufactured

less than thirty years is thirty dollars. The annual registration fee

for vintage snowmobiles is twelve dollars. The department shall

design, in cooperation with the commission, a distinct registration

decal which shall be issued to vintage snowmobiles upon payment

of the annual registration fee.

(b) Upon receipt of the application and the application fee, the

snowmobile shall be registered and a registration number assigned,

which shall be affixed to the snowmobile in a manner provided in

RCW 46.10.070.

(2) The registration provided in this section shall be valid for a

period of one year. At the end of the period of registration, every

owner of a snowmobile in this state shall renew his or her

registration in the manner the department prescribes, for an

additional period of one year, upon payment of the annual

registration fee.

(3) Any person acquiring a snowmobile already validly

registered under the provisions of this chapter must, within ten days

of the acquisition or purchase of the snowmobile, make application

to the department for transfer of the registration, and the application

shall be accompanied by a transfer fee of five dollars.

(4) A snowmobile owned by a resident of another state or

Canadian province where registration is not required by law may be

issued a nonresident registration permit valid for not more than sixty

days. Application for the permit shall state the name and address of

each owner of the snowmobile to be registered and shall be signed

by at least one owner and shall be accompanied by a registration fee

of five dollars. The registration permit shall be carried on the

vehicle at all times during its operation in this state.

(5) The registration fees provided in this section shall be in lieu

of any personal property or excise tax heretofore imposed on

snowmobiles by this state or any political subdivision thereof, and

no city, county, or other municipality, and no state agency shall

hereafter impose any other registration or license fee on any

snowmobile in this state.

(6) The department shall make available a pair of uniform

decals consistent with the provisions of RCW 46.10.070. In

addition to the registration fee provided in this section the

department shall charge each applicant for registration the actual


cost of the decal. The department shall make available replacement

decals for a fee equivalent to the actual cost of the decals.))

(1) The application for an original snowmobile registration has the

same requirements as described for original vehicle registrations in

RCW 46.16.040 (as recodified by this act) and must be

accompanied by the annual snowmobile registration fee required

under section 531 of this act, in addition to any other fees and taxes

due at the time of application.

(2) The application for renewal of a snowmobile registration has

the same requirements as described for the renewal of vehicle

registrations in RCW 46.16.210 (as recodified by this act) and must

be accompanied by the annual snowmobile registration fee required

under section 531 of this act, in addition to any other fees or taxes

due at the time of application.

(3) The snowmobile registration is valid for one year and must

be renewed each year thereafter as determined by the department.

(4) A person who acquires a snowmobile that has a valid

snowmobile registration must:

(a) Apply to the department, county auditor or other agent, or

subagent appointed by the director for a transfer of the snowmobile

registration within ten days of taking possession of the snowmobile;

and

(b) Pay the snowmobile registration transfer fee required under

section 537 of this act, in addition to any other fees or taxes due at

the time of application.

(5) The department shall issue a snowmobile registration and

snowmobile decals upon receipt of:

(a) A properly completed application for an original

snowmobile registration; and

(b) The payment of all fees and taxes due at the time of

application.

(6) The snowmobile registration must be carried on the vehicle

for which it was issued at all times during its operation in this state.

(7) Snowmobile decals must be affixed to the snowmobile as

provided in RCW 46.10.070 (as recodified by this act).

(8) Snowmobile registration fees provided in this section and in

section 531 of this act are in lieu of any personal property or excise

tax imposed on snowmobiles by this state or any political

subdivision. A state agency, city, county, or other municipality

may not impose other registration fees on a snowmobile in this state.


chapter 46.10 RCW under the subchapter heading "registration and

permits" to read as follows:

(1) The application for a nonresident temporary snowmobile

permit must be made by the snowmobile owner or the owner's

authorized representative to the department, county auditor or other

agent, or subagent appointed by the director on a form furnished or

approved by the department. The application must contain:

(a) The name and address of each owner of the snowmobile; and

(b) Other information the department may require.

(2) The snowmobile owner or the owner's authorized

representative shall sign the application for a nonresident temporary

snowmobile permit.

(3) The application for a nonresident temporary snowmobile

permit must be accompanied by the nonresident temporary

snowmobile permit fee required under section 535 of this act, in

addition to any other fees or taxes due at the time of application.

(4) Nonresident temporary snowmobile permits:

(a) Are available for snowmobiles owned by residents of

another state or Canadian province where registration is not required

by law;

(b) Are valid for not more than sixty days; and

(c) Must be carried on the snowmobile at all times during its

operation in this state.



((Each snowmobile dealer registered pursuant to the provisions

of RCW 46.10.050 shall register the snowmobile or, in the event the

snowmobile is currently registered, transfer the registration to the

new owner prior to delivering the snowmobile to that new owner

subsequent to the sale thereof by the dealer. Applications for

registration and transfer of registration of snowmobiles shall be

made to agents of the department authorized as such in accordance

with RCW 46.01.140 and 46.01.150 as now or hereafter amended.

All registrations for snowmobiles must be valid for the current

registration period prior to the transfer of any registration, including

assignment to a dealer. Upon the sale of a snowmobile by a dealer,

the dealer may issue a temporary registration as provided by rules

adopted by the department.))

A snowmobile registration must be valid for the current registration

period before transfer of the registration, including assignment to a

dealer.



(1) Each dealer of snowmobiles in this state shall ((register

with)) obtain a snowmobile dealer license from the department in

((such)) a manner ((and upon such forms as)) prescribed by the

department ((shall prescribe)). Upon receipt of an application for a

snowmobile dealer's ((application for registration)) license and the

((registration)) fee provided ((for)) in subsection (2) of this section,

((such)) the dealer ((shall be registered)) is licensed and a

((registration)) snowmobile dealer license number must be assigned.

(2) The ((registration)) annual license fee for a snowmobile

dealer((s shall be)) is twenty-five dollars ((per year, and such fee

shall)), which covers all of the snowmobiles offered by a dealer for

sale and not rented on a regular, commercial basis((: PROVIDED,

That)). Snowmobiles rented on a regular commercial basis by a

snowmobile dealer ((shall)) must be registered separately under

((the provisions of)) RCW 46.10.020, 46.10.040, 46.10.060, and


(3) Upon ((registration each dealer)) the issuance of a

snowmobile dealer license, a snowmobile dealer may purchase, at a

cost to be determined by the department, snowmobile dealer

((number)) license plates of a size and color to be determined by the

department((, which shall)). The snowmobile dealer license plates

must contain the ((registration)) snowmobile license number

assigned to ((that)) the dealer. Each snowmobile operated by a

dealer, dealer representative, or prospective customer for the

purposes of demonstration or testing shall display ((such number))

snowmobile dealer license plates in a clearly visible manner.

(4) ((No person other than)) Only a dealer, dealer representative,

or prospective customer ((shall)) may display a snowmobile dealer

((number)) plate, and ((no)) only a dealer, dealer representative, or

prospective customer ((shall)) may use a snowmobile dealer's

((number)) license plate for ((any purpose other than)) the purposes

described in subsection (3) of this section.

(5) Snowmobile dealer ((registration numbers)) licenses are

nontransferable.

(6) It is unlawful for any snowmobile dealer to sell ((any)) a

snowmobile at wholesale or retail, or to test or demonstrate any

snowmobile, within the state, unless ((registered in accordance with

the provisions of this section)) the dealer has a snowmobile dealer

license as required under this section.

(7) When a snowmobile is sold by a snowmobile dealer, the

dealer:

(a) Shall apply for licensing in the purchaser's name within

fifteen days following the sale; and

(b) May issue a temporary license as provided by rules adopted

by the department.





The director may by order deny, suspend, or revoke the

((registration)) license of any snowmobile dealer or, in lieu thereof

or in addition thereto, may by order assess monetary civil penalties

not to exceed five hundred dollars per violation, if the director finds

that the order is in the public interest and that the applicant or

((registrant)) licensee, or any partner, officer, director, or owner of

ten percent of the assets of the firm, or any employee or agent:

(1) Has failed to comply with the applicable provisions of this

chapter or any rules adopted under this chapter; or

(2) Has failed to pay any monetary civil penalty assessed by the

director under this section within ten days after the assessment

becomes final.



((The registration number)) (1) Snowmobile decals assigned to

a snowmobile in this state at the time of its original registration

((shall)) must remain with that snowmobile until the ((vehicle))

snowmobile is destroyed, abandoned, or permanently removed from

this state, or until changed or terminated by the department.

(2) The department shall((, upon assignment of such registration

number,)) issue and deliver to the snowmobile owner ((a certificate

of)) upon proper application:

(a) A registration certificate, in ((such)) a form as prescribed by

the department ((shall prescribe)). The ((certificate of)) registration

((shall)) certificate is not ((be)) valid unless it is signed by the person

who signed the application for registration((.

At the time of the original registration, and at the time of each

subsequent renewal thereof, the department shall issue to the

registrant a date tag or tags indicating the validity of the current

registration and the expiration date thereof, which validating date,

tag, or tags shall)); and

(b) License tabs showing the current expiration of the

snowmobile registration. The license tabs must be affixed to the

snowmobile ((in such manner)) as prescribed by the department

((may prescribe. Notwithstanding the fact that a snowmobile has

been assigned a registration number, it shall not be considered as

validly registered within the meaning of this section unless a

validating date tag and current registration certificate has been

issued)).

(3) A snowmobile is not properly registered unless license tabs and a

current registration certificate have been issued.

Sec. 234. RCW 46.10.070 and 1973 1st ex.s. c 128 s 2 are

each amended to read as follows:

((The registration number)) (1) Snowmobile decals assigned to

each snowmobile ((shall)) must be:

(a) Permanently affixed to and displayed upon each

snowmobile ((in such manner)) as provided by rules adopted by the

department((,)); and ((shall be))

(b) Maintained in a legible condition((; except)).

(2) Dealer number license plates as provided for in RCW

46.10.050 (as recodified by this act) may be temporarily affixed.

(3) The department shall make available a pair of identical

snowmobile decals consistent with subsection (1) of this section.

The decals serve the same function as license plates for vehicles

registered under chapter 46.16 RCW. The department shall charge

each applicant for an original registration the actual cost of the

snowmobile decal. The department shall make available

replacement snowmobile decals for a fee equivalent to the actual

cost of the snowmobile decals.



(1) There is created in the Washington state parks and recreation

commission a snowmobile advisory committee to advise the

commission regarding the administration of this chapter.

(2) The purpose of the committee is to assist and advise the

commission in the planned development of snowmobile facilities

and programs.

(3) The committee shall consist of:

(a) Six interested snowmobilers, appointed by the commission;

each such member shall be a resident of one of the six geographical

areas throughout this state where snowmobile activity occurs, as

defined by the commission;

(b) Three representatives of the nonsnowmobiling public,

appointed by the commission; and

(c) One representative of the department of natural resources,

one representative of the department of fish and wildlife, and one

representative of the Washington state association of counties; each

of whom shall be appointed by the director of such department or

association.

(4) Terms of the members appointed under subsection (3)(a)

and (b) of this section shall commence on October 1st of the year of

appointment and shall be for three years or until a successor is

appointed, except in the case of appointments to fill vacancies which

shall be for the remainder of the unexpired term: PROVIDED,

That the first such members shall be appointed for terms as follows:

Three members shall be appointed for one year, three members shall

be appointed for two years, and three members shall be appointed

for three years.

(5) Members of the committee shall be reimbursed for travel

expenses as provided in RCW 43.03.050 and 43.03.060.

Expenditures under this subsection shall be from the snowmobile

account created by RCW 46.10.075 (as recodified by this act).

(6) The committee may meet at times and places fixed by the

committee. The committee shall meet not less than twice each year

and additionally as required by the committee chairman or by

majority vote of the committee. One of the meetings shall be

coincident with a meeting of the commission at which the

committee shall provide a report to the commission. The chairman

of the committee shall be chosen under procedures adopted by the

committee from those members appointed under subsection (3)(a)

and (b) of this section.

(7) The Washington state parks and recreation commission shall

serve as recording secretary to the committee. A representative of

the department of licensing shall serve as an ex officio member of

the committee and shall be notified of all meetings of the committee.

The recording secretary and the ex officio member shall be

nonvoting members.

(8) The committee shall adopt procedures to govern its

proceedings.

NEW SECTION. Sec. 236. The following acts or parts of

acts are each repealed:

(1) RCW 46.09.085 (Selling ORV without use permit) and 2004

c 105 s 10; and

(2) RCW 46.10.080 (Distribution of snowmobile registration

fees, civil penalties, and fuel tax moneys) and 1982 c 17 s 7, 1979

ex.s. c 182 s 8, 1975 1st ex.s. c 181 s 2, 1973 1st ex.s. c 128 s 3, 1972

ex.s. c 153 s 22, & 1971 ex.s. c 29 s 8.

PART III. CERTIFICATES OF TITLE



((It shall be unlawful for any person to operate any vehicle in

this state under a certificate of license registration of this state

without securing and having in full force and effect a certificate of

ownership therefor that contains the name of the registered owner

exactly as it appears on the certificate of license registration and it

shall further be unlawful for any person to sell or transfer any

vehicle without complying with all the provisions of this chapter


relating to certificates of ownership and license registration of

vehicles: PROVIDED, No certificate of title need be obtained for a

vehicle owned by a manufacturer or dealer and held for sale, even

though incidentally moved on the highway or used for purposes of

testing and demonstration, or a vehicle used by a manufacturer

solely for testing: PROVIDED, That a security interest in a vehicle

held as inventory by a manufacturer or dealer shall be perfected in

accordance with RCW 62A.9-302(1) and no endorsement on the

certificate of title shall be necessary for perfection: AND

PROVIDED FURTHER, That nothing in this title shall be

construed to prevent any person entitled thereto from securing a

certificate of ownership upon a vehicle without securing a certificate

of license registration and vehicle license plates, when, in the

judgment of the director of licensing, it is proper to do so.))

(1) A person shall not:

(a) Operate a vehicle in this state with a registration certificate

issued by the department without having a certificate of title for the

vehicle that contains the name of the registered owner exactly as it

appears on the registration certificate; or

(b) Sell or transfer a vehicle without complying with the

provisions of this chapter relating to certificates of title and vehicle

registration.

(2) A certificate of title does not need to be obtained for a

vehicle owned by a manufacturer or dealer and held for sale, even

though incidentally moved on the highway or used for purposes of

testing and demonstration, or for a vehicle used by a manufacturer or

dealer solely for testing. A security interest in a vehicle held as

inventory by a manufacturer or dealer must be perfected as

described in chapter 62A.9A RCW. An endorsement is not

required on certificates of title held by a manufacturer or dealer to

perfect the security interest. A certificate of title may be issued for

any vehicle without the vehicle needing to be registered.



(((1) The application for a certificate of ownership shall be upon

a form furnished or approved by the department and shall contain:

(a) A full description of the vehicle, which shall contain the

proper vehicle identification number, the number of miles indicated

on the odometer at the time of delivery of the vehicle, and any

distinguishing marks of identification;

(b) The name and address of the person who is to be the

registered owner of the vehicle and, if the vehicle is subject to a

security interest, the name and address of the secured party;

(c) Such other information as the department may require.

(2) The department may in any instance, in addition to the

information required on the application, require additional

information and a physical examination of the vehicle or of any

class of vehicles, or either.

(3)(a) A physical examination of the vehicle is mandatory if (i)

it has been rebuilt after surrender of the certificate of ownership to

the department under RCW 46.12.070 due to the vehicle's

destruction or declaration as a total loss and (ii) it is not retained by

the registered owner at the time of the vehicle's destruction or

declaration as a total loss. The inspection must verify that the

vehicle identification number is genuine and agrees with the number

shown on the title and registration certificate. The inspection must

be made by a member of the Washington state patrol or other person

authorized by the department to make such inspections.

(b)(i) A physical examination of the vehicle is mandatory if the

vehicle was declared totaled or salvage under the laws of this state,

or the vehicle is presented with documents from another state

showing the vehicle was totaled or salvage and has not been reissued

a valid registration from that state after the declaration of total loss

or salvage.

(ii) The inspection must verify that the vehicle identification

number is genuine and agrees with the number shown on the

original documents supporting the vehicle purchase or ownership.

(iii) A Washington state patrol VIN specialist must ensure that

all major component parts used for the reconstruction of a salvage or

rebuildable vehicle were obtained legally. Original invoices for

new and used parts must be from a vendor that is registered with the

department of revenue for the collection of retail sales or use taxes

or comparable agency in the jurisdiction where the major

component parts were purchased. The invoices must include the

name and address of the business, a description of the part or parts

sold, the date of sale, and the amount of sale to include all taxes paid

unless exempted by the department of revenue or comparable

agency in the jurisdiction where the major component parts were

purchased. Original invoices for used parts must be from a vehicle

wrecker licensed under chapter 46.80 RCW or a comparable

business in the jurisdiction outside Washington state where the

major component part was purchased. If the parts or components

were purchased from a private individual, the private individual

must have title to the vehicle the parts were taken from, except as

provided by RCW 46.04.3815, and the bill of sale for the parts must

be notarized. The bills of sale must include the names and

addresses of the sellers and purchasers, a description of the vehicle,

the part or parts being sold, including the make, model, year, and

identification or serial number, that date of sale, and the purchase

price of the vehicle or part or parts. If the presenter is unable to

provide an acceptable release of interest or proof of ownership for a

vehicle or major component part as described above, an inspection

must be completed for ownership-in-doubt purposes as prescribed

by WAC 308- 56A-210.

(iv) A vehicle presented for inspection must have all damaged

major component parts replaced or repaired to meet RCW and

WAC requirements before inspection of the salvage vehicle by the

Washington state patrol.

(4) To the extent that the Washington state patrol has a backlog

of vehicle inspections that it is to perform under this section, chapter

420, Laws of 2007 shall not be construed to reduce the vehicle

inspection workload of the Washington state patrol.

(5) Rebuilt or salvage vehicles licensed in Washington must

meet the requirements found under chapter 46.37 RCW to be driven

upon public roadways.

(6) The application shall be subscribed by the person applying

to be the registered owner and be sworn to by that applicant in the

manner described by RCW 9A.72.085. The department shall retain

the application in either the original, computer, or photostatic

form.))

(1) The application for a certificate of title of a vehicle must be

made by the owner or owner's representative to the department,

county auditor or other agent, or subagent appointed by the director

on a form furnished or approved by the department and must

contain:

(a) A description of the vehicle, including make, model, vehicle

identification number, type of body, and the odometer reading at the

time of delivery of the vehicle;


registered owner of the vehicle and, if the vehicle is subject to a

security interest, the name and address of the secured party; and

(c) Other information the department may require.

(2) The department may require additional information and a

physical examination of the vehicle or of any class of vehicles, or

either.

(3) The application for a certificate of title must be signed by the

person applying to be the registered owner and be sworn to by that

person in the manner described under RCW 9A.72.085. The

department shall keep the application in the original, computer, or

photostatic form.

(4) The application for an original certificate of title must be

accompanied by:



(a) A draft, money order, certified bank check, or cash for all

fees and taxes due for the application for certificate of title; and

(b) The most recent certificate of title or other satisfactory

evidence of ownership.

(5) Once issued, a certificate of title is not subject to renewal.




(1)(a) Before accepting an application for a certificate of title,

the department, county auditor or other agent, or subagent appointed

by the director shall require an applicant to provide a certificate of

vehicle inspection completed by the Washington state patrol or

other authorized inspector if the vehicle:

(i) Was declared a total loss or salvage vehicle under the laws of

this state;

(ii) Has been rebuilt after the certificate of title was returned to

the department under RCW 46.12.070 (as recodified by this act) and

the vehicle was not kept by the registered owner at the time of the

vehicle's destruction or declaration as a total loss; or

(iii) Is presented with documents from another state showing

that the vehicle was a total loss or salvage vehicle and has not been

reissued a valid registration certificate from that state after the

declaration of total loss or salvage.

(b) A vehicle presented for inspection must have all damaged

major component parts replaced or repaired to meet all requirements

in law and rule before the Washington state patrol will inspect the

vehicle. The inspection must verify that the vehicle identification


certificate of title and registration certificate.

(c) A Washington state patrol vehicle identification number

specialist must ensure that all major component parts used for the

reconstruction of a salvage or rebuilt vehicle were obtained legally,

and must securely attach a marking at the driver's door latch pillar

indicating the vehicle was previously destroyed or declared a total

loss. It is a class C felony for a person to remove the marking

indicating that the vehicle was previously destroyed or declared a

total loss.

(2) A person presenting a vehicle for inspection under

subsection (1) of this section must provide original invoices for new

and used parts from:

(a) A vendor that is registered with the department of revenue or

a comparable agency in the jurisdiction where the major component

parts were purchased for the collection of retail sales or use taxes.

The invoices must include:

(i) The name and address of the business;

(ii) A description of the part or parts sold;

(iii) The date of sale; and

(iv) The amount of sale to include all taxes paid unless

exempted by the department of revenue or a comparable agency in

the jurisdiction where the major component parts were purchased;

(b) A vehicle wrecker licensed under chapter 46.80 RCW or a

comparable business in the jurisdiction outside Washington state

where the major component part was purchased; and

(c) Private individuals. The private individual must have the

certificate of title to the vehicle where the parts were taken from

unless the parts were obtained from a parts car, as defined in RCW

46.04.3815, owned by a collector. Bills of sale for parts must be

notarized and include:

(i) The names and addresses of the sellers and purchasers;

(ii) A description of the vehicle and the part or parts being sold,

including the make, model, year, and identification or serial number;


(iv) The purchase price of the vehicle part or parts.

(3) A person presenting a vehicle for inspection under this

section who is unable to provide an acceptable release of interest or

proof of ownership for a vehicle or major component part as

described in this section shall apply for an ownership in doubt

application described in RCW 46.12.151 (as recodified by this act).




vehicle inspection completed by the Washington state patrol or

other authorized inspector when the application is for a vehicle

being titled for the first time as:

(i) Assembled;

(ii) Glider kit;

(iii) Homemade;

(iv) Kit vehicle;

(v) Street rod; or

(vi) Subject to ownership in doubt under RCW 46.12.151 (as

recodified by this act).

(b) The inspection must verify that the vehicle identification


certificate of title and registration certificate.




vehicle inspection completed by the Washington state patrol when

the application is for a vehicle with a vehicle identification number

that has been:

(i) Altered;

(ii) Defaced;

(iii) Obliterated;

(iv) Omitted;

(v) Removed; or

(vi) Otherwise absent.

(b) The application must include payment of the fee required in

section 515 of this act.

(c) The Washington state patrol shall assign a new vehicle

identification number to the vehicle and place or stamp the new

number in a conspicuous position on the vehicle.

(d) The department shall use the new vehicle identification

number assigned by the Washington state patrol as the official

vehicle identification number assigned to the vehicle.

(6) The department may adopt rules as necessary to implement

this section.



The department shall institute software and systems

modifications to enable a WACIC/NCIC stolen vehicle search of

out-of-state vehicles as part of the application for a certificate of title

transaction. During the stolen vehicle search, if the information

obtained indicates the vehicle is stolen, ((that information)) the

department shall ((be)) immediately ((reported)) report that the

vehicle is stolen to the Washington state patrol and the applicant

((shall)) must not be issued a certificate of ((ownership)) title for the

vehicle. Vehicles for which the stolen vehicle check is negative

((shall)) must be issued a certificate of ((ownership)) title if the

department is satisfied that all other requirements have been met.



((The department, if satisfied from the statements upon the

application that the applicant is the legal owner of the vehicle or

otherwise entitled to have a certificate of ownership thereof in the

applicant's name, shall issue an appropriate electronic record of

ownership or a written certificate of ownership, over the director's

signature, authenticated by seal, and if required, a new written

certificate of license registration if certificate of license registration

is required.

The certificates of ownership and the certificates of license


registration shall contain upon the face thereof, the date of

application, the registration number assigned to the registered owner

and to the vehicle, the name and address of the registered owner and

legal owner, the vehicle identification number, and such other

description of the vehicle and facts as the department shall require,

and in addition thereto, if the vehicle described in such certificates

shall have ever been licensed and operated as an exempt vehicle or a

taxicab, or if it has been rebuilt after becoming a salvage vehicle,

such fact shall be clearly shown thereon.

All certificates of ownership of motor vehicles issued after April

30, 1990, shall reflect the odometer reading as provided by the

odometer disclosure statement submitted with the title application

involving a transfer of ownership.

A blank space shall be provided on the face of the certificate of

license registration for the signature of the registered owner.

Upon issuance of the certificate of license registration and

certificate of ownership and upon any reissue thereof, the

department shall deliver the certificate of license registration to the

registered owner and the certificate of ownership to the legal owner,

or both to the person who is both the registered owner and legal

owner.))

(1) The department shall issue an electronic record of ownership or a

written certificate of title if the department is satisfied from the

statements on the application that the applicant is the legal owner of

the vehicle or otherwise entitled to have a certificate of title in the

applicant's name.

(2) Each certificate of title issued by the department must

contain:

(a) The date of application;

(b) The certificate of title number assigned to the vehicle;

(c) The name and address of the registered owner and legal

owner;

(d) The vehicle identification number;

(e) The mileage reading, if required, as provided by the

odometer disclosure statement submitted with the application

involving a transfer of ownership;

(f) A notation that the recorded mileage is actual, not actual, or

exceeds mechanical limits;

(g) A blank space on the face of the certificate of title for the

signature of the registered owner;

(h) Information on whether the vehicle was ever registered and

operated as an exempt vehicle or taxicab;

(i) A brand conspicuously shown across its front if indicating

that the vehicle has been rebuilt after becoming a salvage vehicle;

(j) The director's signature and the seal of the department; and

(k) Any other description of the vehicle and facts the department

may require.

(3) The department shall deliver the registration certificate to

the registered owner and the certificate of title to the legal owner, or

both to the person who is both the registered owner and legal owner.



(((1) Upon the destruction of any vehicle issued a certificate of

ownership under this chapter or a license registration under chapter

46.16 RCW, the registered owner and the legal owner shall

forthwith and within fifteen days thereafter forward and surrender

the certificate to the department, together with a statement of the

reason for the surrender and the date and place of destruction.

Failure to notify the department or the possession by any person of

any such certificate for a vehicle so destroyed, after fifteen days

following its destruction, is prima facie evidence of violation of the

provisions of this chapter and constitutes a gross misdemeanor.

(2) Any insurance company settling an insurance claim on a

vehicle that has been issued a certificate of ownership under this

chapter or a certificate of license registration under chapter 46.16

RCW as a total loss, less salvage value, shall notify the department

thereof within fifteen days after the settlement of the claim.

Notification shall be provided regardless of where or in what

jurisdiction the total loss occurred.

(3) For a motor vehicle having a model year designation at least

six years before the calendar year of destruction, the notification to

the department must include a statement of whether the retail fair

market value of the motor vehicle immediately before the

destruction was at least the then market value threshold amount as

defined in RCW 46.12.005.))

(1)(a) The registered owner or legal owner shall:

(i) Report the destruction of the vehicle issued a certificate of

title or registration certificate to the department within fifteen days

of its destruction; and

(ii) Submit the certificate of title or affidavit in lieu of title

marked "DESTROYED." The registered owner's name, address,

and the date of destruction must be clearly shown on the certificate

of title or affidavit in lieu of title.

(b) It is a gross misdemeanor to fail to notify the department and

be in possession of a certificate of title of a destroyed vehicle on the

sixteenth day after the vehicle is destroyed and each day thereafter.

(2) The insurance company or self-insurer shall report the

destruction or total loss of vehicles issued a certificate of title or

registration certificate to the department within fifteen days after the

settlement claim. The report must be submitted regardless of

where or in what jurisdiction the total loss occurred. An insurer

shall report total loss vehicles to the department in any of the

following manners:

(a) Electronically through the department's online reporting

system. An insurer choosing this option must immediately destroy

ownership documents after filing the electronic report;

(b) Submitting the certificate of title or affidavit in lieu of title

marked "DESTROYED." The insurer's name, address, and the

date of loss must be clearly shown on the certificate of title or

affidavit in lieu of title; or

(c) Submitting a properly completed total loss claim settlement

form provided by the department.

(3) The registered owner, legal owner, or insurer reporting the

destruction or total loss of a motor vehicle six years old or older

must include a statement on whether the fair market value of the

motor vehicle immediately before its destruction was at least equal

to the market value threshold. The age of the motor vehicle is

determined by subtracting the model year from the current calendar

year.

(4) Beginning January 1, 2011, the market value threshold is six

thousand seven hundred ninety dollars or a greater amount as set by

rule of the department. The department shall:

(a) Increase the market value threshold amount:

(i) When the consumer price index for all urban consumers,

compiled by the bureau of labor statistics, United States department

of labor, or its successor, for the west region, in the expenditure

category "used cars and trucks," shows an annual average increase

over the previous year;

(ii) By the same percentage increase of the annual average

shown in the consumer price index; and

(iii) On July 1st of the year immediately following the year with

the increase of the annual average;

(b) Round each increase of the market value threshold to the

nearest ten dollars;

(c) Not increase the market value threshold amount if the

amount of the increase would be less than fifty dollars; and

(d) Carry forward any unmade increases to succeeding years

until the cumulative increase is at least fifty dollars.



((Any person holding the certificate of ownership for a

motorcycle or any vehicle registered by its motor number in which



there has been installed a new or different motor than that with

which it was issued certificates of ownership and license registration

shall forthwith and within five days after such installation forward

and surrender such certificates to the department, together with an

application for issue of corrected certificates of ownership and

license registration and a fee of five dollars, and a statement of the

disposition of the former motor. The possession by any person of

any such certificates for such vehicle in which a new or different

motor has been installed, after five days following such installation,

shall be prima facie evidence of a violation of the provisions of this

chapter and shall constitute a misdemeanor.))

(1) A person shall apply for a new certificate of title for any motor

vehicle registered by its motor number when:

(a) A new or different motor has been installed; and

(b) The most recent certificate of title issued for the motor

vehicle has recorded on it the previous motor number.

(2) The application for a new certificate of title required in

subsection (1) of this section must:

(a) Be made within five days after installation of the new motor;

(b) Be made by the owner or owner's authorized representative

to the department, county auditor or other agent, or subagent;

(c) Require the most recent certificate of title to be returned to

the department;

(d) Include a statement of the disposition of the former motor;

and

(e) Include the fee required under section 508 of this act in

addition to any other fee or tax required by law.

(3) A person who possesses a certificate of title that shows the

previous motor number for a motor vehicle in which a new or

different motor has been installed, after five days following the

installation of the new motor, is in violation of this chapter. A

violation of this section constitutes a misdemeanor.




(1) A local health officer may notify the department that a

vehicle has been:

(a) Declared unfit and prohibited from use as authorized in

chapter 64.44 RCW if the vehicle has become contaminated as

defined in RCW 64.44.010;

(b) Satisfactorily decontaminated and retested according to the

written work plan approved by the local health officer.

(2) The department shall brand vehicle records and certificates

of title when it receives the notification from a local health officer as

provided in subsection (1) of this section.

(3) A person is guilty of a gross misdemeanor if he or she

advertises for sale or sells a vehicle that has been declared unfit and

prohibited from use by a local health officer if:

(a) The person has knowledge that the local health officer has

issued an order declaring the vehicle unfit and prohibiting its use; or

(b) A notification has been placed on the certificate of title under

subsection (2) of this section that the vehicle has been declared unfit

and prohibited from use.

(4) A person may advertise or sell a vehicle if a release for reuse

document has been issued by a local health officer under chapter

64.44 RCW or a notification has been placed on the certificate of

title under subsection (2) of this section that the vehicle has been

decontaminated and released for reuse.



((A transfer of ownership in a motor vehicle is perfected by

compliance with the requirements of this section.

(1)(a) If an owner transfers his or her interest in a vehicle, other

than by the creation, deletion, or change of a security interest, the

owner shall, at the time of the delivery of the vehicle, execute an

assignment to the transferee and provide an odometer disclosure

statement under RCW 46.12.124 on the certificate of ownership or

as the department otherwise prescribes, and cause the certificate and

assignment to be transmitted to the transferee. The owner shall

notify the department or its agents or subagents, in writing, on the

appropriate form, of the date of the sale or transfer, the name and

address of the owner and of the transferee, the transferee's driver's

license number if available, and such description of the vehicle,

including the vehicle identification number, as may be required in

the appropriate form provided or approved for that purpose by the

department. The report of sale will be deemed properly filed if all

information required in this section is provided on the form and

includes a department-authorized notation that the document was

received by the department, its agents, or subagents on or before the

fifth day after the sale of the vehicle, excluding Saturdays, Sundays,

and state and federal holidays. Agents and subagents shall

immediately electronically transmit the seller's report of sale to the

department. Reports of sale processed and recorded by the

department's agents or subagents may be subject to fees as specified

in RCW 46.01.140 (4)(a) or (5)(b). By January 1, 2003, the

department shall create a system enabling the seller of a vehicle to

transmit the report of sale electronically. The system created by the

department must immediately indicate on the department's vehicle

record that a seller's report of sale has been filed.

(b) By January 1, 2008, the department shall provide

instructions on release of interest forms that allow the seller of a

vehicle to release his or her interest in a vehicle at the same time a

financial institution, as defined in RCW 30.22.040, releases its lien

on the vehicle.

(2) The requirements of subsection (1) of this section to provide

an odometer disclosure statement apply to the transfer of vehicles

held for lease when transferred to a lessee and then to the lessor at

the end of the leasehold and to vehicles held in a fleet when

transferred to a purchaser.

(3) Except as provided in RCW 46.70.122 the transferee shall

within fifteen days after delivery to the transferee of the vehicle,

execute the application for a new certificate of ownership in the

same space provided therefor on the certificate or as the department

prescribes, and cause the certificates and application to be

transmitted to the department accompanied by a fee of five dollars in

addition to any other fees required.

(4) Upon request of the owner or transferee, a secured party in

possession of the certificate of ownership shall, unless the transfer

was a breach of its security agreement, either deliver the certificate

to the transferee for transmission to the department or, when the

secured party receives the owner's assignment from the transferee, it

shall transmit the transferee's application for a new certificate, the

existing certificate, and the required fee to the department.

Compliance with this section does not affect the rights of the

secured party.

(5) If a security interest is reserved or created at the time of the

transfer, the certificate of ownership shall be retained by or

delivered to the person who becomes the secured party, and the

parties shall comply with the provisions of RCW 46.12.170.

(6) If the purchaser or transferee fails or neglects to make

application to transfer the certificate of ownership and license

registration within fifteen days after the date of delivery of the

vehicle, he or she shall on making application for transfer be

assessed a twenty-five dollar penalty on the sixteenth day and two

dollars additional for each day thereafter, but not to exceed one

hundred dollars. The director may by rule establish conditions

under which the penalty will not be assessed when an application for

transfer is delayed for reasons beyond the control of the purchaser.

Conditions for not assessing the penalty may be established for but

not limited to delays caused by:


(a) The department requesting additional supporting

documents;

(b) Extended hospitalization or illness of the purchaser;

(c) Failure of a legal owner to release his or her interest;

(d) Failure, negligence, or nonperformance of the department,

auditor, or subagent;

(e) The transferee had no knowledge of the filing of the vehicle

report of sale and signs an affidavit to the fact.

Failure or neglect to make application to transfer the certificate

of ownership and license registration within forty-five days after the

date of delivery of the vehicle is a misdemeanor and a continuing

offense for each day during which the purchaser or transferee does

not make application to transfer the certificate of ownership and

license registration. Despite the continuing nature of this offense, it

shall be considered a single offense, regardless of the number of

days that have elapsed following the forty-five day time period.

(7) Upon receipt of an application for reissue or replacement of

a certificate of ownership and transfer of license registration,

accompanied by the endorsed certificate of ownership or other

documentary evidence as is deemed necessary, the department shall,

if the application is in order and if all provisions relating to the

certificate of ownership and license registration have been complied

with, issue new certificates of title and license registration as in the

case of an original issue and shall transmit the fees together with an

itemized detailed report to the state treasurer.

(8) Once each quarter the department shall report to the

department of revenue a list of those vehicles for which a seller's

report has been received but no transfer of title has taken place.))

(1) Releasing interest. An owner releasing interest in a vehicle

shall:

(a) Sign the release of interest section provided on the certificate

of title or on a release of interest document or form approved by the

department;

(b) Give the certificate of title or most recent evidence of

ownership to the person gaining the interest in the vehicle;

(c) Give the person gaining interest in the vehicle an odometer

disclosure statement if one is required; and

(d) Report the vehicle sold as provided in subsection (2) of this

section.

(2) Report of sale. An owner shall notify the department,


in writing within five business days after a vehicle is or has been:

(a) Sold;

(b) Given as a gift to another person;

(c) Traded, either privately or to a dealership;

(d) Donated to charity;

(e) Turned over to an insurance company or wrecking yard; or

(f) Disposed of.

(3) Report of sale properly filed. A report of sale is properly

filed if it is received by the department, county auditor or other

agent, or subagent appointed by the director within five business

days after the date of sale or transfer and it includes:

(a) The date of sale or transfer;

(b) The owner's name and address;

(c) The name and address of the person acquiring the vehicle;

(d) The vehicle identification number and license plate number;

(e) A date or stamp by the department showing it was received

on or before the fifth business day after the date of sale or transfer;

and

(f) Payment of the fees required under section 505 of this act if

the report of sale is processed by a county auditor or other agent or

subagent appointed by the director.

(4) Report of sale - administration. The department shall:

(a) Provide or approve reports of sale forms;

(b) Provide a system enabling an owner to submit reports of sale

electronically;

(c) Immediately update the department's vehicle record when a

report of sale has been filed;

(d) Provide instructions on release of interest forms that allow

the seller of a vehicle to release their interest in a vehicle at the same

time a financial institution, as defined in RCW 30.22.040, releases

its lien on the vehicle; and

(e) Send a report to the department of revenue that lists vehicles

for which a report of sale has been received but no transfer of

ownership has taken place. The department shall send the report

once each quarter.

(5)(a) Transferring ownership. A person who has recently

acquired a vehicle by purchase, exchange, gift, lease, inheritance, or

legal action shall apply to the department, county auditor or other

agent, or subagent appointed by the director for a new certificate of

title within fifteen days of delivery of the vehicle. A secured party

who has possession of the certificate of title shall either:

(i) Apply for a new certificate of title on behalf of the owner and

pay the fee required under section 508 of this act; or

(ii) Provide all required documents to the owner, as long as the

transfer was not a breach of its security agreement, to allow the

owner to apply for a new certificate of title.

(b) Compliance with this subsection does not affect the rights of

the secured party.

(6) Certificate of title delivered to secured party. The

certificate of title must be kept by or delivered to the person who

becomes the secured party when a security interest is reserved or

created at the time of the transfer of ownership. The parties must

comply with RCW 46.12.170 (as recodified by this act).

(7) Penalty for late transfer. A person who has recently

acquired a motor vehicle by purchase, exchange, gift, lease,

inheritance, or legal action who does not apply for a new certificate

of title within fifteen calendar days of delivery of the vehicle is

charged a penalty, as described in section 512 of this act, when

applying for a new certificate of title. It is a misdemeanor to fail or

neglect to apply for a transfer of ownership within forty-five days

after delivery of the vehicle. The misdemeanor is a single

continuing offense for each day that passes regardless of the number

of days that have elapsed following the forty-five day time period.

(8) Penalty for late transfer - exceptions. The penalty is not

charged if the delay in application is due to at least one of the

following:

(a) The department requests additional supporting documents;

(b) The department, county auditor or other agent, or subagent

fails to perform or is neglectful;

(c) The owner is prevented from applying due to an illness or

extended hospitalization;

(d) The legal owner fails or neglects to release interest;

(e) The owner did not know of the filing of a report of sale by

the previous owner and signs an affidavit to the fact; or

(f) The department finds other conditions exist that adequately

explain the delay.

(9) Review and issue. The department shall review

applications for certificates of title and issue certificates of title when

it has determined that all applicable provisions of law have been

complied with.

(10) Rules. The department may adopt rules as necessary to

implement this section.



(((1) An owner who has made a bona fide sale or transfer of a

vehicle and has delivered possession of it to a purchaser shall not by

reason of any of the provisions of this title be deemed the owner of

the vehicle so as to be subject to civil liability or criminal liability for

the operation of the vehicle thereafter by another person when the

owner has also fulfilled both of the following requirements:

(a) When the owner has made proper endorsement and delivery



of the certificate of ownership and has delivered the certificate of

registration as provided in this chapter;

(b) When the owner has delivered to the department either a

properly filed report of sale that includes all of the information

required in RCW 46.12.101(1) and is delivered to the department

within five days of the sale of the vehicle excluding Saturdays,

Sundays, and state and federal holidays, or appropriate documents

for registration of the vehicle pursuant to the sale or transfer.

(2) An owner who has made a bona fide sale or transfer of a

vehicle, has delivered possession of it to a purchaser, and has

fulfilled the requirements of subsection (1)(a) and (b) of this section

is relieved of liability and liability is transferred to the purchaser of

the vehicle, for any traffic violation under this title, whether

designated as a traffic infraction or classified as a criminal offense,

that occurs after the date of the sale or transfer that is based on the

vehicle's identification, including, but not limited to, parking

infractions, high occupancy toll lane violations, and violations

recorded by automated traffic safety cameras.

(3) When a registered tow truck operator submits an abandoned

vehicle report to the department for a vehicle sold at an abandoned

vehicle auction, any previous owner is relieved of civil or criminal

liability for the operation of the vehicle from the date of sale

thereafter, and liability is transferred to the purchaser of the vehicle

as listed on the abandoned vehicle report.

(4) When a transferee had no knowledge of the filing of the

vehicle report of sale, he or she is relieved of civil or criminal

liability for the operation of the vehicle, and liability is transferred to

the seller shown on the report of sale.))

(1) An owner is relieved of civil or criminal liability for the

operation of a vehicle by another person when the owner has:

(a) Made a bona fide sale or transfer of a vehicle;

(b) Delivered possession of the vehicle to the person acquiring

ownership;

(c) Released interest in the vehicle and provided the certificate

of title and registration certificate to the person acquiring ownership;

and

(d) Filed a report of sale that meets all the requirements in RCW

46.12.101(2) (as recodified by this act).

(2) A person acquiring a vehicle assumes civil or criminal

liability for any traffic violation under this title, whether designated

as a traffic infraction or classified as a criminal offense, that occurs

after the date of sale or transfer of ownership based on the vehicle's

identification including, but not limited to:

(a) Parking infractions;

(b) High occupancy toll lane violations; and

(c) Violations recorded by automated traffic safety cameras.

(3) A person shown as the buyer of a vehicle on an abandoned

vehicle report submitted to the department by a registered tow truck

operator assumes liability for the vehicle. Any previous owner is

relieved of civil or criminal liability for the operation of the vehicle

from the date of sale.

(4) A person who had no knowledge of the filing of the report of

sale is relieved of civil or criminal liability for the operation of the

vehicle. Liability is then transferred to the seller shown on the

report of sale.

Sec. 311. RCW 46.12.103 and 2000 c 250 s 9A-823 are each


(1) ((The purpose of)) A transitional ownership record ((is to)):

(a) Enables a security interest in a motor vehicle to be perfected

in a timely manner when the certificate of ((ownership)) title is not

available at the time the security interest is created((, and to));

(b) Provides for timely notification to security interest holders

under chapter 46.55 RCW((.

(2) A transitional ownership record)); and

(c) Is only acceptable as an ownership record for motor vehicles

currently stored on the department's computer system and if the

certificate of ((ownership)) title or other authorized proof of

ownership for the motor vehicle is not in the possession of the

selling vehicle dealer or new security interest holder ((at the time))

when the transitional ownership record is submitted to the

department.

(((3))) (2) A person shall submit the transitional ownership

record to the department or to ((any of its)) the county auditor or

other agents or subagents. ((Agents and subagents shall

immediately electronically transmit the transitional ownership

records to the department. A transitional ownership document

processed and recorded by an agent or subagent may be subject to

fees as specified in RCW 46.01.140 (4)(a) or (5)(b).

(4) ")) (3) A transitional ownership record((" means a record

containing)) must contain all of the following information:

(a) The date of sale;

(b) The name and address of each owner of the vehicle;

(c) The name and address of each security interest holder;

(d) The priorities of interest if there are multiple security interest

holders((, the priorities of interest if)) and the security interest

holders do not jointly hold a single security interest;

(e) The vehicle identification number, the license plate number,

if any, the year, make, and model of the vehicle;

(f) The name of the selling dealer or security interest holder who

is submitting the transitional ownership record; and

(g) The transferee's driver's license number, if available.

(((5))) (4) The report of sale form ((prescribed)) provided or

approved by the department under RCW 46.12.101 (as recodified

by this act) may be used by a vehicle dealer as the transitional

ownership record.

(((6) Compliance with)) (5) A security interest is perfected in a

motor vehicle on the date the department receives the transitional

ownership record when:

(a) The requirements of this section ((shall result in perfection of

a security interest in the vehicle as of the date the department

receives the transitional ownership record)) have been met; and

(b) Any required fees ((required under subsection (3) of this

section.)) have been paid.

(6)(a) The selling dealer or new security interest holder shall

submit to the department, within ten days of receipt of the certificate

of ((ownership)) title for the vehicle, ((or of)) written confirmation

that only an electronic record of ownership exists or that the

certificate of ((ownership)) title has been lost or destroyed((, the

selling dealer or new security interest holder shall promptly submit

the same to the department together)) with:

(i) An application for a new certificate of ((ownership)) title

containing the name and address of the secured party ((and tender));

and

(ii) Payment of the required fees as provided in ((RCW

46.12.095(1). In the event)) section 507 of this act.

(b) A security interest becomes unperfected when a secured

party fails to submit an application for a certificate of title within the

ten-day time period provided in this subsection (6), ((its security

interest shall become unperfected,)) unless the security interest is

perfected otherwise.



(1) The department, county auditor or other agent, or subagent

appointed by the director shall require ((an)) a written odometer

disclosure statement ((to accompany)) with every application for a

certificate of ((ownership, unless specifically exempted)) title for a

motor vehicle. The odometer disclosure statement must be on

either the certificate of title or on a separate form approved by the

department. A secure odometer disclosure statement is required if

the certificate of ((ownership)) title was issued after April 30,


1990((, a secure odometer statement is required, unless specifically

exempted)). ((The)) Odometer disclosure statements ((shall)) must

include, at a minimum, the following:

(a) The miles shown on the odometer at the time of transfer of

ownership, but not to include tenths of miles;

(b) The date of transfer of ownership;

(c) The transferor's printed name, current address, and

signature;

(d) The transferee's printed name, current address, and

signature;

(e) The identity of the motor vehicle, including its make, model,

year, body type, and vehicle identification number;

(f) Information that the odometer statement is required by the

federal truth in mileage act of 1986 and that failure to complete the

odometer statement or providing false information may result in

fines or imprisonment, or both; and

(g) One of the following statements:

(i) The mileage ((reflected)) shown is actual to the best of

transferor's knowledge;

(ii) The odometer reading exceeds the mechanical limits of the

odometer to the best of the transferor's knowledge; or

(iii) The odometer reading is not the actual mileage((;)).

If the odometer reading is under one hundred thousand miles,

the only options that can be certified are "actual to the best of the

transferor's knowledge" or "not the actual mileage." If the

odometer reading is one hundred thousand miles or more, the

options "actual to the best of the transferor's knowledge" or "not the

actual mileage" cannot be used unless the odometer has six digit

capability((;

(d) A complete description of the vehicle, including the:

(i) Model year;

(ii) Make;

(iii) Series and body type (model);

(iv) Vehicle identification number;

(v) License plate number and state (optional);

(e) The name, address, and signature of the transferor, in

accordance with the following conditions:

(i))).

(2) The transferee and the transferor shall each sign the

odometer disclosure statement. Only one registered owner is

required to complete the odometer disclosure statement((;

(ii) When the registered owner is a business)) for the transferee,

and only one owner is required to complete the odometer disclosure

statement for the transferor. When applicable, both the business

name and a company representative's name must be shown on the

odometer disclosure statement((;

(f) The name and address of the transferee and the transferee's

signature to acknowledge the transferor's information. If the

transferee represents a company, both the company name and the

agent's name must be shown on the odometer disclosure statement;

(g) A statement that the notice is required by the federal Truth in

Mileage Act of 1986; and

(h) A statement that failure to complete the odometer disclosure

statement or providing false information may result in fines or

imprisonment or both.

(2))) when the registered owner is a business or the transferee

represents a company, or both.

(3) The transferee shall return a signed copy of the odometer

disclosure statement to the transferor at the time of transfer of

ownership.

(((3))) (4) The following vehicles are not subject to ((the))

odometer disclosure requirements at the time of ownership transfer:

(a) A motor vehicle having a declared gross vehicle weight of

more than sixteen thousand pounds;

(b) A vehicle that is not self-propelled;

(c) A motor vehicle that is ten years old or older;

(d) A motor vehicle sold directly by a manufacturer to a federal

agency in conformity with contract specifications; or

(e) A new motor vehicle before its first retail sale.

(5) The requirements of this section also apply to the transfer of a

motor vehicle held:

(a) For lease when transferred to a lessee and then to the lessor

at the end of the leasehold; and

(b) In a fleet when transferred to a purchaser.



(1) The department shall file and index certificates of ((ownership))

title when assigned and returned to the department, together with

((subsequently assigned reissues thereof, shall be retained by the

department and appropriately filed and indexed)) subsequent

transactions so that at all times it will be possible to trace ownership

to the vehicle designated ((therein:)) on each certificate of title.

(((1) If the)) (2)(a) A person who acquires an interest ((of an

owner)) in a vehicle ((passes to another)), other than by voluntary

transfer, ((the transferee shall, except as provided in subsection (3)

of this section, promptly)) shall within fifteen days mail or deliver to


by the director:

(i) The last certificate of ((ownership)) title if available((,));

(ii) Proof of transfer((, and his)); and

(iii) An application for a new certificate ((in the form the

department prescribes)) of title.

(((2) If the interest of the owner is terminated or the)) (b) This

subsection shall not apply to transactions described in subsection (4)

of this section.

(3) A secured party named in the certificate of title who

repossesses a vehicle ((is sold)) under a security agreement ((by a

secured party named in the certificate of ownership, the transferee))

shall ((promptly)) within fifteen days mail or deliver to the


the director:

(a) The last certificate of ((ownership, his)) title;

(b) An application for a new certificate ((in the form the

department prescribes,)) of title; and

(c) An affidavit made by or on the behalf of the secured party that

the vehicle was repossessed and that the interest of the owner was

lawfully terminated or sold ((pursuant to)) under the terms of the

security agreement.

(((3) If the)) (4) A secured party ((succeeds to the interest of the

owner and)) named in the certificate of title who holds the vehicle

for resale((, he need not secure)) is not required to apply for a new

certificate of ((ownership but, upon transfer to another person,))

title. When the vehicle is sold, the secured party shall promptly

mail or deliver to the ((transferee)) buyer or to the department,

county auditor or other agent, or subagent appointed by the director:

(a) The certificate((, affidavit and)) of title;

(b) An affidavit made by or on the behalf of the secured party

that the vehicle was repossessed and that the interest of the owner

was lawfully terminated or sold under the terms of the security

agreement; and

(c) Any other documents (((and articles))) required to be sent to

the department by the ((transferee)) buyer.



((If the department is not satisfied as to the ownership of the

vehicle or that there are no undisclosed security interests in it, the

department may register the vehicle but shall either:

(1) Withhold issuance of a certificate of ownership for a period

of three years or until the applicant presents documents reasonably

sufficient to satisfy the department as to the applicant's ownership of

the vehicle and that there are no undisclosed security interests in it;

or



(2) As a condition of issuing a certificate of ownership, require

the applicant to file with the department a bond for a period of three

years in the form prescribed by the department and executed by the

applicant. The bond shall be in an amount equal to one and

one-half times the value of the vehicle as determined by the

department and conditioned to indemnify any prior owner and

secured party and any subsequent purchaser of the vehicle or person

acquiring any security interest in it, and their respective successors

in interest, against any expense, loss or damage, including

reasonable attorney's fees, by reason of the issuance of the certificate

of ownership of the vehicle or on account of any defect in or

undisclosed security interest upon the right, title and interest of the

applicant in and to the vehicle. Any such interested person has a

right of action to recover on the bond for any breach of its

conditions, but the aggregate liability of the surety to all persons

shall not exceed the amount of the bond. At the end of three years

or prior thereto if the vehicle is no longer registered in this state or

when satisfactory evidence of ownership is surrendered to the

department, the owner may apply to the department for a

replacement certificate of ownership without reference to the

bond.))


appointed by the director may register a vehicle and withhold

issuance of a certificate of title or require a bond as a condition of

issuing a certificate of title if the department is not satisfied:

(a) As to the ownership of the vehicle; or

(b) That there are no undisclosed security interests in the

vehicle.

(2) A person who is unable to provide satisfactory evidence of

ownership may:

(a) Apply for ownership in doubt and receive either a:

(i) Registration without a certificate of title for a three-year

period; or

(ii) A bonded certificate of title with or without registration as

described in subsection (3) of this section; or

(b) Petition any district court or superior court of any county in

this state to receive a judgment awarding ownership of the vehicle.

(3) A person who is either required by the department, county

auditor or other agent, or subagent appointed by the director to file a

bond or wants a certificate of title for a vehicle when ownership is in

doubt shall file the bond for a three-year period. The bond must:

(a) Be in the form approved by the department;

(b) Be in an amount equal to one and one-half times the value of

the vehicle as determined by the department;

(c) Be signed by the applicant and the bonding agent; and

(d) Offer protection to any previous owner, secured party, future

purchaser, or their successors against any expense, loss, or damage,

including reasonable attorneys' fees.

(4) A person who has or has held an interest in the vehicle may,

during the three-year ownership in doubt period, petition any district

court or superior court of any county in this state to receive a

judgment either awarding ownership of the vehicle or be

compensated for any expense, loss, or damage, including reasonable

attorneys' fees. The total claim must not be more than the amount

of the bond if a bond has been filed with the department.

(5) A person who has applied for ownership in doubt may apply

for a certificate of title at any time during the three-year ownership

in doubt period when satisfactory evidence of ownership becomes

available. At the end of the three-year ownership in doubt period,

the owner must apply to the department, county auditor or other

agent, or subagent appointed by the director for a certificate of title.

The new certificate of title will not include reference to the bond if a

bond was filed with the department.

(6) A person applying for ownership in doubt must have

acquired the vehicle by purchase, exchange, gift, lease, or

inheritance from the owner of record or interim owner.

(7) Ownership in doubt does not apply to:

(a) Unauthorized vehicles, as defined in RCW 46.55.010;

(b) Abandoned vehicles, as defined in RCW 46.55.010;

(c) Snowmobiles, as defined in section 145 of this act; or

(d) Washington vehicle dealer sales, as defined in RCW

46.70.011.



((If)) (1) The department may refuse to issue or may cancel a

certificate of title at any time if the department determines ((at any

time)) that an applicant for a certificate of ((ownership or for a

certificate of license registration for a vehicle is not entitled thereto,

the department may refuse to issue such certificate or to license the

vehicle and may, for like reason, after notice, and in the exercise of

discretion, cancel license registration already acquired or any

outstanding certificate of ownership)) title is not entitled to a

certificate of title. Notice of cancellation may be accomplished by

sending a notice by first-class mail using the last known address in

department records for the registered or legal ((vehicle)) owner or

owners, and ((recording the transmittal on)) completing an affidavit

of first-class mail. It ((shall then be)) is unlawful for any person to

remove, drive, or operate the vehicle until a proper certificate of

((ownership or license registration)) title has been issued((, and)).

Any person removing, driving, or operating ((such)) a vehicle after

the refusal to issue or cancellation of the ((department to issue))

certificate((s or the revocation thereof shall be)) of title is guilty of a

gross misdemeanor.

(2)(a) The suspension of, revocation of, cancellation of, or refusal to

issue a certificate of title or vehicle registration provided for in

chapters 46.12 and 46.16 RCW by the director is conclusive unless

the person whose registration or certificate is suspended, revoked,

canceled, or refused appeals to the superior court of Thurston county

or the person's county of residence.

(b) Notice of appeal must be filed within ten days after receipt of

the notice of suspension, revocation, cancellation, or refusal. Upon

the filing of the notice of appeal, the court shall issue an order to the

director to show cause why the registration should not be granted or

reinstated and return the order not less than ten days after the date of

service of the notice to the director. Service must be in the manner

as prescribed for the service of a summons and complaint in other

civil actions.

(c) Upon the hearing on the order to show cause, the court shall

hear evidence concerning matters with reference to the suspension,

revocation, cancellation, or refusal of the registration or certificate

and enter judgment either affirming or setting aside the suspension,

revocation, cancellation, or refusal.



(((1) If, after a certificate of ownership is issued, a security

interest is granted on the vehicle described therein, the registered

owner or secured party shall, within ten days thereafter, present an

application to the department, to which shall be attached the

certificate of ownership last issued covering the vehicle, or such

other documentation as may be required by the department, which

application shall be upon a form approved by the department and

shall be accompanied by a fee of five dollars in addition to all other

fees. The department, if satisfied that there should be a reissue of

the certificate, shall note such change upon the vehicle records and

issue to the secured party a new certificate of ownership.

(2) Whenever there is no outstanding secured obligation and no

commitment to make advances and incur obligations or otherwise

give value, the secured party must either:

(a) Assign the certificate of ownership to the debtor or the

debtor's assignee or transferee, and transmit the certificate to the


department with an accompanying fee of five dollars in addition to

all other fees; or

(b) Assign the certificate of ownership to the debtor's assignee

or transferee together with the debtor's or debtor's assignee's release

of interest.

(3) Upon receipt of the certificate of ownership and the debtor's

release of interest and required fees as provided in subsection (2)(a)

of this section, the department shall issue a new certificate of

ownership and transmit it to the registered owner.

(4) If the affected secured party fails to either assign the

certificate of ownership to the debtor or the debtor's assignee or

transferee or transmit the certificate of ownership to the department

within ten days after proper demand, that secured party shall be

liable to the debtor or the debtor's assignee or transferee for one

hundred dollars, and in addition for any loss caused to the debtor or

the debtor's assignee or transferee by such failure.))

(1) A security interest in a vehicle other than one held as inventory

by a manufacturer or a dealer and for which a certificate of title is

required is perfected only by:

(a) Complying with the requirements of RCW 46.12.103 (as

recodified by this act) or this section;

(b) Receipt by the department, county auditor or other agent, or

subagent appointed by the director of:

(i) The existing certificate of title, if any;

(ii) An application for a certificate of title containing the name

and address of the secured party; and

(iii) Payment of the required fees.

(2) A security interest is perfected when it is created if the

secured party's name and address appear on the most recently issued

certificate of title or, if not, it is created when the department, county

auditor or other agent, or subagent appointed by the director receives

the certificate of title or an application for a certificate of title and the

fees required in subsection (1) of this section.

(3) If a vehicle is subject to a security interest when brought into

this state, perfection of the security interest is determined by the law

of the jurisdiction where the vehicle was when the security interest

was attached, subject to the following:

(a) The security interest continues perfected in this state if the

name of the secured party is shown on the existing certificate of title

issued by that jurisdiction. The name of the secured party must be

shown on the certificate of title issued for the vehicle by this state.

The security interest continues perfected in this state when the

department issues the certificate of title.

(b) If the security interest was not perfected under the law of the

jurisdiction where the vehicle was when the security interest was

attached, it may be perfected in this state. Perfection begins when

the department receives the information and fees required in


(4)(a) After a certificate of title has been issued, the registered

owner or secured party must apply to the department, county auditor

or other agent, or subagent appointed by the director for a new

certificate of title when a security interest is granted on a vehicle.

Within ten days after creating a security agreement, the registered

owner or secured party must submit:

(i) An application for a certificate of title;

(ii) The certificate of title last issued for the vehicle, or other

documentation required by the department; and

(iii) The fee required in section 508 of this act.

(b) If satisfied that a certificate of title should be reissued, the

department shall change the vehicle record and issue a new

certificate of title to the secured party.

(5) A secured party shall release the security interest when the

conditions within the security agreement have been met and there is

no further secured obligation. The secured party must either:

(a) Assign the certificate of title to the registered owner or the

registered owner's designee and send the certificate of title to the


the director with the fee required in section 508 of this act; or

(b) Assign the certificate of title to the person acquiring the

vehicle from the registered owner with the registered owner's

release of interest.

(6) The department shall issue a new certificate of title to the

registered owner when the department receives the release of

interest and required fees as provided in subsection (5)(a) of this

section.

(7) A secured party is liable for one hundred dollars payable to

the registered owner or person acquiring the vehicle from the

registered owner when:

(a) The secured party fails to either assign the certificate of title

to the registered owner or to the person acquiring the vehicle from

the registered owner or apply for a new certificate of title; and

(b) The failure of the secured party to act as described in (a) of

this subsection results in a loss to the registered owner or person

acquiring the vehicle from the registered owner.



A legal owner or the legal owner's authorized representative may

apply for a duplicate certificate of title if a certificate of

((ownership)) title is lost, stolen, mutilated, or destroyed, or

becomes illegible((, the first priority secured party or, if none, the

owner or legal representative of the owner named in the certificate,

as shown by the records of the department, shall promptly make

application for and may obtain a duplicate upon tender of five

dollars in addition to all other fees and upon furnishing information

satisfactory to the department)). The application for a duplicate

certificate of title must include information required by the

department and be accompanied by the fee required in section 508

of this act. The duplicate certificate of ((ownership shall)) title

must contain the ((legend)) word, "duplicate." It ((shall)) must be

provided to the first priority secured party named in it or, if none, to

the legal owner.

A person recovering ((an original)) a certificate of ((ownership))

title for which a duplicate has been issued shall promptly

((surrender)) return the ((original)) certificate of title that has been

recovered to the department.

Sec. 318. RCW 46.12.190 and 1961 c 12 s 46.12.190 are each


((The person, firm, copartnership, association or corporation to

whom a certificate of ownership shall have been issued shall)) A

person shown as the legal owner on a certificate of title which has a

different person shown as the registered owner does not ((thereby))

incur liability ((or be)) and is not responsible for damage((, or

otherwise,)) or any liability resulting from any act or contract made

by the registered owner or by any other person acting for, or by or

under the authority of ((such)), the registered owner.



((Any)) (1) A person ((who)) is guilty of a class B felony if the

person:

(a) Knowingly makes any false statement of a material fact,

either ((in his or her)) on an application for ((the)) a certificate of

((ownership)) title or in any ((assignment thereof, or who with intent

to procure)) transfer of a certificate of title;

(b) Intentionally acquires or ((pass)) passes ownership ((to)) of a

vehicle which ((he or she)) that person knows or has reason to

believe has been stolen((,));

(c) Receives or transfers possession of ((the same)) a stolen

vehicle from or to another ((or who has in his or her possession))

person;

(d) Possesses any vehicle which ((he or she)) that person knows

or has reason to believe has been stolen((, and who is not an officer

of the law engaged at the time in the performance of his or her duty



as such officer, is guilty of a class B felony and upon conviction

shall));

(e) Alters or forges or causes the alteration or forgery of:

(i) A certificate of title or registration certificate issued by the

department;

(ii) An assignment of a certificate of title or registration

certificate; or

(iii) A release or notice of release of an encumbrance referred to

on a certificate of title or registration certificate; or

(f) Holds or uses a certificate of title, registration certificate,

assignment, release, or notice of release, knowing that it has been

altered or forged.

(2) A person convicted of violating subsection (1) of this section

must be punished by a fine of not more than five thousand dollars or

by imprisonment for not more than ten years, or both such fine and

imprisonment. This ((provision shall)) subsection does not exclude

any other offenses or penalties prescribed by any existing or future

law for the larceny or unauthorized taking of a ((motor)) vehicle.

(3) It is a class C felony for a person to sell or convey a vehicle

certificate of title except in conjunction with the sale or transfer of

the vehicle for which the certificate was originally issued.

(4) This section does not apply to an officer of the law engaged

at the time in the performance of official authorized law

enforcement activities.



((It shall be unlawful for any person under the age of eighteen to

be the registered or legal owner of any motor vehicle:

PROVIDED, That RCW 46.12.250 through 46.12.270 shall not

apply to any person who is on active duty in the United States armed

forces nor to any minor who is in effect emancipated: PROVIDED

further, That RCW 46.12.250 through 46.12.270 shall not apply to

any person who is the registered owner of a motor vehicle prior to

August 11, 1969 or who became the registered or legal owner of a

motor vehicle while a nonresident of this state.))

(1) A person under the age of eighteen may not be the registered

or legal owner of a motor vehicle unless the:

(a) Motor vehicle was previously registered in the person's

name in another jurisdiction while a resident of that jurisdiction;

(b) Person is on active military duty with the United States

armed forces; or

(c) Person is, in effect, emancipated.

(2) It is unlawful for any person to convey, sell, or transfer the

ownership of any motor vehicle to a person under the age of

eighteen. This subsection does not apply to a vehicle dealer

properly licensed under chapter 46.70 RCW if the minor provides

the dealer with a certified copy of an original birth certificate

showing that the minor is over eighteen years of age. The vehicle

dealer shall submit the certified copy of the original birth certificate

with an application for certificate of title to the department, county

auditor or other agent, or subagent appointed by the director.

(3) A person is guilty of a misdemeanor punishable by a fine of

not more than two hundred fifty dollars or by imprisonment in a

county jail for not more than ninety days if that person with actual

notice of the prohibition:

(a) Gives, sells, or transfers the ownership of a motor vehicle to

a person under the age of eighteen;

(b) Is a registered or legal owner of a motor vehicle in violation

of subsection (1) of this section; or

(c) Transfers, sells, or encumbers an interest in a motor vehicle

in violation of RCW 46.61.5058.



((The provisions of chapter 46.12 RCW concerning the

registration and titling of vehicles, and the perfection of security

interests therein shall apply to campers, as defined in RCW

46.04.085. In addition, the director of licensing shall have the

power to adopt such rules and regulations he deems necessary to

implement the registration and titling of campers and the perfection

of security interests therein.))

A camper is considered a vehicle for the purposes of certificates of

title, perfection of security interests, and registrations. The director

may adopt rules to implement this section.



(((1) The provisions of chapter 46.12 RCW insofar as they are

not inconsistent with the provisions of chapter 231, Laws of 1971

ex. sess. or chapter 65.20 RCW apply to mobile or manufactured

homes: PROVIDED, That RCW 46.12.080 and 46.12.250 through

46.12.270 shall not apply to mobile or manufactured homes.

(2) In order to transfer ownership of a mobile home, all

registered owners of record must sign the title certificate releasing

their ownership. If the mobile home was manufactured before June

15, 1976, the registered owner must sign an affidavit in the form

prescribed by the department of licensing that notice was provided

to the purchaser of the mobile home that failure of the mobile home

to meet federal housing and urban development standards or failure

of the mobile home to meet a fire and safety inspection by the

department of labor and industries may result in denial by a local

jurisdiction of a permit to site the mobile home.

(3) The director of licensing shall have the power to adopt such

rules as necessary to implement the provisions of this chapter

relating to mobile homes.))

(1) Titling options. An owner of a manufactured home shall

establish ownership in the manufactured home by either:

(a) Applying for a certificate of title as required under this

chapter; or

(b) Eliminating the certificate of title under chapter 65.20 RCW.

(2) Exemption. This section does not apply to a manufactured

home held for resale by a dealer or manufacturer.

(3) Transferring ownership. A registered owner of record

must sign the certificate of title releasing the owner's interest when

transferring ownership of a manufactured home. If the mobile

home was manufactured before June 15, 1976, the registered owner

must sign an affidavit on a form approved by the department. The

affidavit must state that the purchaser was notified that failure of the

mobile home to meet federal housing and urban development

standards or failure of the mobile home to meet a fire and safety

inspection by the department of labor and industries may result in

denial by a local jurisdiction of a permit to site the mobile home.

(4) Evidence of taxes paid. Before accepting an application

for a certificate of title for a manufactured home, the department,


shall require the applicant to provide evidence that any taxes due on

the sale of the manufactured home under chapters 82.45 and 84.52

RCW have been paid. Acceptable evidence includes a copy of:

(a) The real estate excise tax affidavit that has been stamped by

the county treasurer; or

(b) A treasurer certificate that is prepared by the treasurer of the

county in which a used manufactured home is located and that states

that all property taxes due upon the used manufactured home being

sold have been satisfied.

(5) County assessor notification. The department shall notify

the county assessor of the county where the manufactured home is

located when ownership of a manufactured home is transferred.

The notification must include the name and address of the former

owner and the new owner.

(6) Title elimination. The certificate of title for a

manufactured home may be eliminated or not issued when the

manufactured home is registered under chapter 65.20 RCW. If the


certificate of title is eliminated or not issued, the application must be

recorded in the county property records of the county where the real

property to which the home is affixed is located. All vehicle license

fees and taxes applicable to manufactured homes under this chapter

are due and must be collected before recording the ownership with

the county auditor.

(7) Rules. The department may adopt rules as necessary to

implement this section.



((The state patrol shall inspect a street rod vehicle and assign a

vehicle identification number in accordance with this chapter.))

A street rod vehicle ((shall be titled)) must:

(1) Be recorded in department records as the make and year of

the vehicle as originally manufactured((. The title shall be)); and

(2) Have the certificate of title branded with the designation

"street rod."



((The following procedures must be followed when applying

for a certificate of ownership for a kit vehicle:

(1) The vehicle identification number (VIN) of a new vehicle kit

and of a body kit will be taken from the manufacturer's certificate of

origin belonging to that vehicle. If the VIN is not available, the

Washington state patrol shall assign a VIN at the time of inspection.

(2) The department shall use the model year of a manufactured

new vehicle kit and manufactured body kit as the year reflected on

the manufacturer's certificate of origin.

(3) The make shall be listed as "KITV," and the series and body

designation must describe a discrete vehicle model.

(4) Except for kit vehicles licensed under RCW 46.16.680(5),

kit vehicles must comply with chapter 204-10 WAC.))

(1) A person who applies for an original certificate of title for a kit

vehicle shall provide:

(a) The manufacturer's certificate of origin or an equivalent

document if the kit vehicle is a new manufactured vehicle kit or

body kit;

(b) The certificate of title or a certified copy or equivalent

document for the frame;

(c) Proof of ownership for all major parts used in the

construction of the vehicle. Major parts include the frame, engine,

axles, transmission, and any other parts that carry vehicle

identification numbers;

(d) Bills of sale or invoices for all major components used in the

construction of the vehicle. The bills of sale must be notarized

unless the vendor is registered with the department of revenue for

the collection of retail sales or use tax and must include:

(i) The names and addresses of the seller and purchaser;

(ii) A description of the vehicle or part being sold, including the

make, model, and identification or serial number or the yard number

if from a wrecking yard;


(iv) The purchase price of the vehicle or part;

(e) A certificate of vehicle inspection completed by the

Washington state patrol or other authorized inspector verifying the

vehicle identification number, and year and make when applicable.

A Washington state patrol vehicle identification number inspector

must ensure that all parts are documented by certificates of title,

notarized bills of sale, or business receipts, such as those obtained

from a wrecking yard purchase;

(f) A completed declaration of value form to determine the

value for excise tax purposes if the purchase cost and year is

unknown or incomplete;

(g) Payment of use tax on the frame and all component parts

used, unless proof of payment of the sales or use tax is submitted;

and

(h) An odometer disclosure statement on all originals and

transfers of certificates of title for kit vehicles under ten years old,

unless otherwise exempt by law.

(2) If the frame from a donor vehicle is used and the remainder

of the donor vehicle is to be sold or destroyed, the certificate of title

is required as an ownership document to the buyer. The

department may make a certified copy of the certificate of title for

documentation of the frame for this transaction.

(3) When accepting an application for an original certificate of

title for a kit vehicle, the department, county auditor or other agent,

or subagent appointed by the director shall:

(a) Use the vehicle identification number provided on the

manufacturer's certificate of origin. If the vehicle identification

number is not available, the Washington state patrol shall assign a

vehicle identification number at the time of inspection;

(b) Use the actual model year provided on the manufacturer's

certificate of origin as the model year. This is not the model year of

the vehicle being replicated;

(c) Record the make as "KITV";

(d) Record in the series and body designation a discrete vehicle

model; and

(e) Assign a use class identifying the actual use of the vehicle,

such as a passenger car or truck.

(4) A kit vehicle may be registered under section 617 of this act

as a street rod vehicle if the vehicle is manufactured to have the

same appearance as a similar vehicle manufactured before 1949.

Kit vehicles must comply with chapter 204-10 WAC unless the kit

vehicle is registered under section 617 of this act.

(5) A kit vehicle is exempt from the welding requirements under

WAC 204-10-022(8) if, upon application for a certificate of

((ownership)) title, the owner furnishes documentation from the

manufacturer of the vehicle frame that informs the owner that the

welding on the frame was not completed by a certified welder and

that the structural strength of the frame has not been certified by an

engineer as meeting the applicable federal motor vehicle safety

standards set under 49 C.F.R. Sec. 571.201, 571.214, 571.216, and

571.220 through 571.224, and the applicable SAE standards.

(((5) The application for the certificate of ownership must be

accompanied by the following documents:

(a) For a manufactured new vehicle kit, the manufacturer's

certificate of origin or equivalent document;

(b)(i) For a manufactured body kit, the manufacturer's

certificate of origin or equivalent document; (ii) for the frame, the

title or a certified copy or equivalent document;

(c) Bills of sale or invoices for all major components used in the

construction of the vehicle. The bills of sale must be notarized

unless the vendor is registered with the department of revenue for

the collection of retail sales or use tax. The bills of sale must

include the names and addresses of the seller and purchaser, a

description of the vehicle or part being sold, including the make,

model, and identification or serial number, the date of sale, and the

purchase price of the vehicle or part;

(d) A statement as defined in WAC 308-56A-150 by an

authorized inspector of the Washington state patrol or other person

authorized by the department of licensing verifying the vehicle

identification number, and year and make when applicable;

(e) A completed declaration of value form (TD 420-737) to

determine the value for excise tax if the purchase cost and year is

unknown or incomplete.

(6) A Washington state patrol VIN inspector must ensure that

all parts are documented by titles, notarized bills of sale, or business

receipts such as obtained from a wrecking yard purchase. The bills

of sale must contain the VIN of the vehicle the parts came from, or

the yard number if from a wrecking yard.

(7))) (6) The department may not deny a certificate of

((ownership)) title to an applicant who completes the requisite



application, complies with this section, and pays the requisite titling

fees and taxes.



(1) RCW 46.12.005 (Definitions) and 2002 c 245 s 1, 1996 c 26

s 1, & 1967 c 140 s 5;

(2) RCW 46.12.020 (Prerequisite to issuance of vehicle license

and plates) and 1989 c 337 s 22;

(3) RCW 46.12.040 (Certificate of ownership--Fees) and 2007 c

420 s 2, 2004 c 200 s 1, 2002 c 352 s 3, 2001 c 125 s 2, 1990 c 238 s

2, 1989 c 110 s 1, 1975 1st ex.s. c 138 s 1, 1974 ex.s. c 128 s 2, &

1961 c 12 s 46.12.040;

(4) RCW 46.12.042 (Emergency medical services fee) and

1997 c 331 s 5;

(5) RCW 46.12.045 (Off-road vehicles, certificate of ownership

for title purposes only) and 1986 c 186 s 4;

(6) RCW 46.12.055 (Certificate of ownership--Manufactured

homes) and 1989 c 343 s 19;

(7) RCW 46.12.060 (Procedure when identification number

altered or obliterated) and 2001 c 125 s 4, 1975 c 25 s 10, 1974 ex.s.

c 36 s 1, & 1961 c 12 s 46.12.060;

(8) RCW 46.12.075 (Rebuilt vehicles) and 1996 c 26 s 3 & 1995

c 256 s 24;

(9) RCW 46.12.095 (Requirements for perfecting security

interest) and 2000 c 250 s 9A-822, 1998 c 203 s 10, 1969 ex.s. c 170

s 16, & 1967 c 140 s 6;

(10) RCW 46.12.105 (Transfer of ownership of mobile home,

county assessor notified--Evidence of taxes paid) and 1979 ex.s. c

266 s 5, 1979 c 158 s 133, & 1971 ex.s. c 231 s 13;

(11) RCW 46.12.200 (State or director not liable for acts in

administering chapter) and 1979 c 158 s 134, 1967 c 32 s 11, & 1961

c 12 s 46.12.200;

(12) RCW 46.12.215 (Unlawful sale of certificate of

ownership) and 1995 c 256 s 1;

(13) RCW 46.12.220 (Alteration or forgery--Penalty) and 2003

c 53 s 237, 1967 c 32 s 12, & 1961 c 12 s 46.12.220;

(14) RCW 46.12.230 (Permit to licensed wrecker to junk

vehicle-- fee) and 1975 c 25 s 14, 1967 c 32 s 13, & 1961 c 12 s

46.12.230;

(15) RCW 46.12.240 (Appeals to superior court from

suspension, revocation, cancellation, or refusal of license or

certificate) and 1987 c 388 s 8, 1965 ex.s. c 121 s 42, & 1961 c 12 s

46.20.340;

(16) RCW 46.12.260 (Sale or transfer of motor vehicle

ownership to person under eighteen prohibited) and 1979 c 158 s

135 & 1969 ex.s. c 125 s 2;

(17) RCW 46.12.270 (Penalty for violation of RCW 46.12.250

or 46.12.260) and 1994 c 139 s 2, 1993 c 487 s 6, & 1969 ex.s. c 125

s 3;

(18) RCW 46.12.450 (Kit vehicles--Issuance of certificate of

ownership or registration) and 1996 c 225 s 9;

(19) RCW 46.12.500 (Commercial vehicle--Compliance

statement) and 1999 c 351 s 4; and

(20) RCW 46.12.510 (Donations for organ donation awareness)

and 2008 c 139 s 26 & 2003 c 94 s 6.

PART IV. REGISTRATION CERTIFICATES



For the purposes of this chapter unless the context clearly

requires otherwise:

(1) "Commercial motor vehicle," for the purposes of requiring a

department of transportation number, means the same as defined in

RCW 46.25.010(6), or a motor vehicle used in commerce when the

motor vehicle: (a) Has a gross vehicle weight rating of 11,794

kilograms or more (26,001 pounds or more) inclusive of a towed

unit of a gross vehicle weight rating of more than 4,536 kilograms

(10,000 pounds or more); (b) has a gross vehicle weight rating of

11,794 kilograms or more (26,001 pounds or more); or (c) is used in

the transportation of hazardous materials, as defined in RCW

46.25.010(13);

(2) (("Department" means the department of licensing;

(3))) "Department of transportation number" means a

department of transportation number from the federal motor carrier

safety administration;

(((4))) (3) "Interstate commercial motor vehicle" means a

commercial vehicle that operates in more than one state;

(((5))) (4) "Intrastate commercial motor vehicle" means a

commercial vehicle that operates exclusively within the state of

Washington;

(((6))) (5) "Motor carrier" means a person or entity who has

been issued a department of transportation number and who owns a

commercial motor vehicle;

(6) "Registration year" means the effective period of a vehicle

registration issued by the department. A registration year begins at

12:01 a.m. on the date of the calendar year designated by the

department and ends at 12:00 a.m. the same day the following year

unless otherwise specified;

(7) "Renewal notice" means the notice to renew a vehicle

registration sent to the registered owner by the department.



(1) ((The term "registration year" for the purposes of chapters

46.16, 82.44, and 82.50 RCW means the effective period of a

vehicle license issued by the department. Such year commences at

12:01 a.m. on the date of the calendar year designated by the

department and ends at 12:01 a.m. on the same date of the next

succeeding calendar year.

(a) If a vehicle license previously issued in this state has expired

and is renewed with a different registered owner, a new registration

year is deemed to commence upon the date the expired license is

renewed in order that the renewed license be useable for a full

twelve-month period.

(b) A new registration year is deemed to commence upon the

date the expired license is renewed in order that the renewed license

be useable for a full twelve months when))

The department, county auditor or other agent, or subagent

appointed by the director shall assign a new registration year to a

vehicle if:

(a) The Washington state vehicle registration has expired and

registered ownership to the vehicle is being transferred. The

renewed license is valid for a full twelve-month period unless a

specific expiration date is required by law, rule, or program; or

(b) The Washington vehicle registration has expired and the

registered owner:

(i) Is a member of the United States armed forces;

(ii) Was stationed outside of Washington under military orders

during the prior vehicle registration year; and

(iii) Provides the department a copy of the military orders.

(2) Each registration year may be divided into twelve

registration months. Each registration month ((commences on the

day numerically corresponding to the day of the calendar month on

which the registration year begins, and terminates on the

numerically corresponding day of the next succeeding calendar

month)) begins at 12:01 a.m. on a day of the month assigned by the

department and ends at 12:00 a.m. on the same day the following

month.

(3) ((Where the term "last day of the month" is used in chapters

46.16, 82.44, and 82.50 RCW in lieu of a specified day of any


calendar month it means the last day of such calendar month or

months irrespective of the numerical designation of that day.

(4) If)) A registration period extends through the end of the next

business day when the final day of a registration year or month falls

on a Saturday, Sunday, or legal holiday((, such period extends

through the end of the next business day)).



(1) Vehicles must be registered as required by this chapter and

must display license plates or decals assigned by the department.

(2) It is unlawful for a person to operate any vehicle ((over and

along)) on a public highway of this state without ((first having

obtained and)) having in full force and effect a current and proper

vehicle ((license)) registration and ((display vehicle)) displaying

license ((number)) plates ((therefor as by this chapter provided)) on

the vehicle.

(((2))) (3) Vehicle license plates or registration certificates,

whether original issues or duplicates, may not be issued or furnished

by the department until the applicant makes satisfactory application

for a certificate of title or presents satisfactory evidence that a

certificate of title covering the vehicle has been previously issued.

(4) Failure to make initial registration before ((operation))

operating a vehicle on the public highways of this state is a traffic

infraction((, and any)). A person committing this infraction shall

pay a penalty of five hundred twenty-nine dollars, ((no part of))

which may not be suspended ((or)), deferred, or reduced.

(((3))) (5) Failure to renew an expired registration before

((operation)) operating a vehicle on the public highways of this state

is a traffic infraction.

(((4) The licensing of)) (6) It is a gross misdemeanor for a

resident, as identified in RCW 46.16.028 (as recodified by this act),

to register a vehicle in another state ((by a resident of this state, as

defined in RCW 46.16.028)), evading the payment of any tax or

vehicle license fee imposed in connection with registration((,)). It

is ((a gross misdemeanor)) punishable as follows:

(a) For a first offense, up to one year in the county jail and

payment of a fine of five hundred twenty-nine dollars plus twice the

amount of delinquent taxes and fees, no part of which may be

suspended or deferred;

(b) For a second or subsequent offense, up to one year in the

county jail and payment of a fine of five hundred twenty-nine

dollars plus four times the amount of delinquent taxes and fees, no

part of which may be suspended or deferred;

(c) For fines levied under (b) of this subsection, an amount equal

to the avoided taxes and fees owed will be deposited in the vehicle

licensing fraud account created in the state treasury;

(d) The avoided taxes and fees shall be deposited and distributed

in the same manner as if the taxes and fees were properly paid in a

timely fashion.

(((5) These provisions shall not apply to the following vehicles:

(a) Motorized foot scooters;

(b) Electric-assisted bicycles;

(c) Off-road vehicles operating on nonhighway roads under

RCW 46.09.115;

(d) Farm vehicles if operated within a radius of fifteen miles of

the farm where principally used or garaged, farm tractors and farm

implements including trailers designed as cook or bunk houses used

exclusively for animal herding temporarily operating or drawn upon

the public highways, and trailers used exclusively to transport farm

implements from one farm to another during the daylight hours or at

night when such equipment has lights that comply with the law;

(e) Spray or fertilizer applicator rigs designed and used

exclusively for spraying or fertilization in the conduct of agricultural

operations and not primarily for the purpose of transportation, and

nurse rigs or equipment auxiliary to the use of and designed or

modified for the fueling, repairing, or loading of spray and fertilizer

applicator rigs and not used, designed, or modified primarily for the

purpose of transportation;

(f) Fork lifts operated during daylight hours on public highways

adjacent to and within five hundred feet of the warehouses which

they serve: PROVIDED FURTHER, That these provisions shall

not apply to vehicles used by the state parks and recreation

commission exclusively for park maintenance and operations upon

public highways within state parks;

(g) "Trams" used for transporting persons to and from facilities

related to the horse racing industry as regulated in chapter 67.16

RCW, as long as the public right-of-way routes over which the

trams operate are not more than one mile from end to end, the public

rights-of-way over which the tram operates have an average daily

traffic of not more than 15,000 vehicles per day, and the activity is in

conformity with federal law. The operator must be a licensed

driver and at least eighteen years old. For the purposes of this

section, "tram" also means a vehicle, or combination of vehicles

linked together with a single mode of propulsion, used to transport

persons from one location to another;

(h) "Special highway construction equipment" defined as

follows: Any vehicle which is designed and used primarily for

grading of highways, paving of highways, earth moving, and other

construction work on highways and which is not designed or used

primarily for the transportation of persons or property on a public

highway and which is only incidentally operated or moved over the

highway. It includes, but is not limited to, road construction and

maintenance machinery so designed and used such as portable air

compressors, air drills, asphalt spreaders, bituminous mixers, bucket

loaders, track laying tractors, ditchers, leveling graders, finishing

machines, motor graders, paving mixers, road rollers, scarifiers,

earth moving scrapers and carryalls, lighting plants, welders,

pumps, power shovels and draglines, self- propelled and

tractor-drawn earth moving equipment and machinery, including

dump trucks and tractor-dump trailer combinations which either (i)

are in excess of the legal width, or (ii) which, because of their length,

height, or unladen weight, may not be moved on a public highway

without the permit specified in RCW 46.44.090 and which are not

operated laden except within the boundaries of the project limits as

defined by the contract, and other similar types of construction

equipment, or (iii) which are driven or moved upon a public

highway only for the purpose of crossing such highway from one

property to another, provided such movement does not exceed five

hundred feet and the vehicle is equipped with wheels or pads which

will not damage the roadway surface.

Exclusions:

"Special highway construction equipment" does not include any

of the following:

Dump trucks originally designed to comply with the legal size

and weight provisions of this code notwithstanding any subsequent

modification which would require a permit, as specified in RCW

46.44.090, to operate such vehicles on a public highway, including

trailers, truck-mounted transit mixers, cranes and shovels, or other

vehicles designed for the transportation of persons or property to

which machinery has been attached.

(6) The following vehicles, whether operated solo or in

combination, are exempt from license registration and displaying

license plates as required by this chapter:

(a) A converter gear used to convert a semitrailer into a trailer or

a two-axle truck or tractor into a three or more axle truck or tractor

or used in any other manner to increase the number of axles of a

vehicle. Converter gear includes an auxiliary axle, booster axle,

dolly, and jeep axle.

(b) A tow dolly that is used for towing a motor vehicle behind

another motor vehicle. The front or rear wheels of the towed

vehicle are secured to and rest on the tow dolly that is attached to the

towing vehicle by a tow bar.



(c) An off-road vehicle operated on a street, road, or highway as

authorized under RCW 46.09.180.

(7)(a) A motor vehicle subject to initial or renewal registration

under this section shall not be registered to a natural person unless

the person at time of application:

(i) Presents an unexpired Washington state driver's license; or

(ii) Certifies that he or she is:

(A) A Washington resident who does not operate a motor

vehicle on public roads; or

(B) Exempt from the requirement to obtain a Washington state

driver's license under RCW 46.20.025.

(b) For shared or joint ownership, the department will set up

procedures to verify that all owners meet the requirements of this

subsection.

(c) A person falsifying residency is guilty of a gross

misdemeanor punishable only by a fine of five hundred twenty-nine

dollars.

(d) The department may adopt rules necessary to implement this

subsection, including rules under which a natural person applying

for registration may be exempt from the requirements of this

subsection where the person provides evidence satisfactory to the

department that he or she has a valid and compelling reason for not

being able to meet the requirements of this subsection.

(8))) (7) A vehicle with an expired registration of more than

forty-five days parked on a public street may be impounded by a

police officer under RCW 46.55.113(2).




The following vehicles are not required to be registered under

this chapter:

(1) Converter gears used to convert a semitrailer into a trailer or

a two-axle truck or tractor into a three or more axle truck or tractor

or used in any other manner to increase the number of axles of a

vehicle;

(2) Electric-assisted bicycles;

(3)(a) Farm implements, tractors, trailers, and other farm

vehicles (i) operated within a radius of fifteen miles of the farm

where it is principally used or garaged, including trailers designed as

cook or bunk houses, (ii) used exclusively for animal herding, and

(iii) temporarily operating or drawn upon the public highways, and

(b) trailers used exclusively to transport farm implements from one

farm to another during daylight hours or at night when the trailer is

equipped with lights that comply with applicable law;

(4) Forklifts operated during daylight hours on public highways

adjacent to and within five hundred feet of the warehouses they

serve;

(5) Motor vehicles operated solely within a national recreation

area that is not accessible by a state highway, including motorcycles,

motor homes, passenger cars, and sport utility vehicles. This

exemption applies only after initial registration;

(6) Motorized foot scooters;

(7) Nurse rigs or equipment auxiliary for the use of and

designed or modified for the fueling, repairing, or loading of spray

and fertilizer applicator rigs and not used, designed, or modified

primarily for the purpose of transportation;

(8) Off-road vehicles operated on a street, road, or highway as

authorized under RCW 46.09.180 (as recodified by this act), or

nonhighway roads under RCW 46.09.115 (as recodified by this act);

(9) Special highway construction equipment;

(10) Dump trucks and tractor-dump trailer combinations that

are:

(a) Designed and used primarily for construction work on

highways;

(b) Not designed or used primarily for the transportation of

persons or property on a public highway; and

(c) Only incidentally operated or moved over the highways;

(11) Spray or fertilizer applicator rigs designed and used

exclusively for spraying or fertilization in the conduct of agricultural

operations and not primarily for the purpose of transportation;

(12) Tow dollies;

(13) Trams used for transporting persons to and from facilities

related to the horse racing industry as regulated in chapter 67.16

RCW, as long as the public right-of-way routes over which the

trams operate are not more than one mile from end to end, the public

rights-of-way over which the tram operates have average daily

traffic of not more than fifteen thousand vehicles per day, and the

activity is in conformity with federal law. The operator must be a

licensed driver and at least eighteen years old. For the purposes of

this section, "tram" also means a vehicle, or combination of vehicles

linked together with a single mode of propulsion, used to transport

persons from one location to another; and

(14) Vehicles used by the state parks and recreation commission

exclusively for park maintenance and operations upon public

highways within state parks.





appointed by the director shall not issue an initial or renewal

registration certificate for a motor vehicle to a natural person under

this chapter unless the natural person at time of application:

(a) Presents an unexpired Washington state driver's license; or

(b) Certifies that he or she is:

(i) A Washington state resident who does not operate a motor

vehicle on public roads; or

(ii) Exempt from the requirement to obtain a Washington state

driver's license under RCW 46.20.025.

(2) The department must set up procedures to verify that all

owners meet the requirements of this section.

(3) A person falsifying residency is guilty of a gross

misdemeanor punishable only by a fine of five hundred twenty-nine

dollars.

(4) The department may adopt rules necessary to implement this

section, including rules under which a natural person applying for

registration may be exempt from the requirements of this section if

the person provides evidence satisfactory to the department that he

or she has a valid and compelling reason for not being able to meet

the requirements of this section.



(1) ((Neither)) The department ((of licensing nor its agents)),


may not issue or renew a motor vehicle ((license for any vehicle))

registration or change the registered owner of a ((licensed))

registered vehicle((,)) for any motor vehicle ((that is)) required to be

inspected under chapter 70.120 RCW, unless the application for

issuance or renewal is: (a) Accompanied by a valid certificate of

compliance or a valid certificate of acceptance issued ((pursuant to))

as required under chapter 70.120 RCW; or (b) ((exempted from this

requirement pursuant to)) exempt, as described in subsection (2) of

this section. The certificates must have a date of validation

((which)) that is within ((six)) twelve months of the ((date of

application for the vehicle license or license)) assigned registration

renewal date. Certificates for fleet or owner tested diesel vehicles

may have a date of validation ((which)) that is within twelve months

of the assigned ((license)) registration renewal date.

(2) ((Subsection (1) of this section does not apply to the

following vehicles:


(a) New motor vehicles whose equitable or legal title has never

been transferred to a person who in good faith purchases the vehicle

for purposes other than resale;

(b) Motor vehicles with a model year of 1967 or earlier;

(c) Motor vehicles that use propulsion units powered

exclusively by electricity;

(d) Motor vehicles fueled by propane, compressed natural gas,

or liquid petroleum gas, unless it is determined that federal sanctions

will be imposed as a result of this exemption;

(e))) The following motor vehicles are exempt from emission

test requirements:

(a) Motor vehicles that are less than five years old or more than

twenty-five years old;

(b) Motor vehicles that are a 2009 model year or newer;

(c) Motor vehicles powered exclusively by electricity, propane,

compressed natural gas, or liquid petroleum gas;

(d) Motorcycles as defined in RCW 46.04.330 and

motor-driven cycles as defined in RCW 46.04.332;

(((f))) (e) Farm vehicles as defined in RCW 46.04.181;

(((g))) (f) Used vehicles ((which)) that are offered for sale by a

motor vehicle dealer licensed under chapter 46.70 RCW;

(((h))) (g) Classes of motor vehicles exempted by the director of

the department of ecology; and

(((i) Collector cars as identified by the department of licensing

under RCW 46.16.305(1);

(j) Beginning January 1, 2000, vehicles that are less than five

years old or more than twenty-five years old; or

(k))) (h) Hybrid motor vehicles that obtain a rating by the

environmental protection agency of at least fifty miles per gallon of

gas during city driving. For purposes of this section, a hybrid

motor vehicle is one that uses propulsion units powered by both

electricity and gas.

((The provisions of (a) of this subsection may not be construed

as exempting from the provisions of subsection (1) of this section

applications for the renewal of licenses for motor vehicles that are or

have been leased.))

(3) The department of ecology shall provide information to

motor vehicle owners:

(a) Regarding the boundaries of emission contributing areas and

restrictions established under this section that apply to vehicles

registered in such areas((. In addition the department of ecology

shall provide information to motor vehicle owners)); and

(b) On the relationship between motor vehicles and air pollution

and steps motor vehicle owners should take to reduce motor vehicle

related air pollution. ((The department of licensing shall send to all

registered motor vehicle owners affected by the emission testing

program notice that they must have an emission test to renew their

registration.))

(4) The department of licensing shall:

(a) Notify all registered motor vehicle owners affected by the

emission testing program that they must have an emission test to

renew their registration;

(b) Adopt rules implementing and enforcing this section, except

for subsection (2)(e) of this section, as specified in chapter 34.05

RCW.

(5) A motor vehicle may not be registered, leased, rented, or

sold for use in the state, starting with the model year as provided in

RCW 70.120A.010, unless the vehicle:

(a) Has seven thousand five hundred miles or more; or

(b)(i) Is consistent with the vehicle emission standards and

carbon dioxide equivalent emission standards adopted by the

department of ecology; and

(ii) Has a California certification label for all emission

standards, and carbon dioxide equivalent emission standards

necessary to meet fleet average requirements.

(6) The department of licensing, in consultation with the

department of ecology, may adopt rules necessary to implement this

section and may provide for reasonable exemptions to these

requirements. The department of ecology may exempt public

safety vehicles from meeting the standards where the department

finds that vehicles necessary to meet the needs of public safety

agencies are not otherwise reasonably available.



(1) The following vehicles are exempt from the payment of vehicle

license fees:

(a) Any vehicle owned, rented, or leased by the state of

Washington, or by any county, city, town, school district, or other

political subdivision of the state of Washington and used

exclusively by them((, and all));

(b) Vehicles owned or leased with an option to purchase by the

United States government, or by the government of foreign

countries, or by international bodies to which the United States

government is a signatory by treaty((, or));

(c) Vehicles owned or leased by the governing body of an

Indian tribe located within this state and recognized as a

governmental entity by the United States department of the interior,

and used exclusively in its ((or their)) service ((shall be exempt from

the payment of license fees for the licensing thereof as in this

chapter provided: PROVIDED, HOWEVER, That such vehicles,

except those));

(d) Any bus or vehicle owned and operated by a private school

or schools meeting the requirements of RCW 28A.195.010 and used

by that school or schools primarily to transport children to and from

school or to transport children in connection with school activities.

A registration issued by the department for these buses or vehicles is

exempt from the motor vehicle excise tax provided in chapter 82.44

RCW;

(e) Vehicles owned and used exclusively by the United States

government and ((which)) are clearly identified by ((clearly

exhibited)) displaying registration numbers or license plates

assigned by ((an instrumentality of that)) the United States

government((, shall be)) if the vehicle is registered ((as prescribed

for the license registration of other vehicles and shall)) and displays

((the vehicle)) license ((number)) plates assigned to it by the United

States government; and

(f) Except for payment of the license plate fee required under

section 517 of this act, vehicles owned and used exclusively by the

United States government and are clearly identified by displaying

registration numbers of license plates assigned by the state of

Washington if the vehicle is registered and displays license plates

assigned to it by the state of Washington.

(2) The department shall assign a license plate or plates to each

vehicle or may assign a block of license plates to an agency or

political subdivision for further assignment by the agency or

political subdivision to individual vehicles registered to it ((pursuant

to this section)). The agency, political subdivision, or Indian tribe,

except a foreign government or international body, shall pay ((a))

the fee ((of two dollars)) required in section 517 of this act for the

license plate or plates for each vehicle.

(3) An Indian tribe located within this state and recognized as a

governmental entity by the United States department of the interior

is not entitled to ((license and)) register any tribal government

service vehicle under this section if that tribe itself ((licenses or))

registers any tribal government service vehicles under tribal law.

((No)) (4) A vehicle ((license)) registration or license

((number)) plates ((shall)) may not be issued to any ((such)) vehicle

under ((the provisions of)) this section for the transportation of

school children unless ((and until such)) the vehicle ((shall have))

has been first ((personally)) inspected by the director or the

director's ((duly)) authorized representative.





(1) The provisions of this chapter relating to ((licensing of))

registering vehicles by this state, including the display of ((vehicle))

license ((number)) plates and ((license)) registration certificates, do

not apply to vehicles owned or leased by the governing body of an

Indian tribe located within this state and recognized as a

governmental entity by the United States department of the

interior((, only when)) if:

(a) The vehicle is used exclusively in tribal government service;

((and))

(b) The vehicle has been ((licensed and)) registered under a law

adopted by ((such)) the tribal government; ((and))

(c) ((Vehicle)) License ((number)) plates issued by the tribe

showing the initial or abbreviation of the name of the tribe are

displayed on the vehicle ((substantially as provided therefor)) as

required in this state; ((and))

(d) The tribe has not elected to receive ((any)) Washington state

license plates for tribal government service vehicles ((pursuant to))

as authorized in RCW 46.16.020 (as recodified by this act); and

(e) If required by the department, the tribe provides the

department with vehicle description and ownership information

similar to that required for vehicles registered in this state, which

may include the model year, make, model series, body type, type of

power (((gasoline, diesel, or other), VIN)), vehicle identification

number, and the license plate number assigned to each government

service vehicle ((licensed)) registered by that tribe.

(2) ((The provisions of)) This section ((are operative as to a

vehicle owned or leased by an Indian tribe located within this state

and used exclusively in tribal government service only to the extent

that under)) applies only if the laws of the tribe ((like)):

(a) Allow similar exemptions and privileges ((are granted)) to

all vehicles ((duly licensed)) registered under the laws of this state

((for operation of such vehicles)) on all tribal roads within the tribe's

reservation((. If under the laws of the tribe,)); and

(b) Do not require persons operating vehicles ((licensed))

registered by this state ((are required)) to pay a ((license or))

registration fee or to carry or display ((vehicle)) license ((number))

plates or a registration certificate issued by the tribe((, the tribal

government shall comply with the provisions of this state's laws

relating to the licensing and registration of vehicles operating on the

highways of this state)).



((Before any "farm vehicle", as defined in RCW 46.04.181,

shall operate on or move along a public highway, there shall be

displayed upon it in a conspicuous manner a decal or other device,

as may be prescribed by the director of licensing and issued by the

department of licensing, which shall describe in some manner the

vehicle and identify it as a vehicle exempt from the licensing

requirements of this chapter. Application for such identifying

devices shall be made to the department on a form furnished for that

purpose by the director. Such application shall be made by the

owner or lessee of the vehicle, or his duly authorized agent over the

signature of such owner or agent, and he shall certify that the

statements therein are true to the best of his knowledge. The

application must show:

(1) The name and address of the owner of the vehicle;

(2) The trade name of the vehicle, model, year, type of body, the

motor number or the identification number thereof if such vehicle be

a motor vehicle, or the serial number thereof if such vehicle be a

trailer;

(3) The purpose for which said vehicle is to be principally used;

(4) Such other information as shall be required upon such

application by the director; and

(5) Place where farm vehicle is principally used or garaged.

A fee of five dollars shall be charged for and submitted with

such application for an identification decal as in this section

provided as to each farm vehicle which fee shall be deposited in the

motor vehicle fund and distributed proportionately as otherwise

provided for vehicle license fees under RCW 46.68.030. Only one

application need be made as to each such vehicle, and the status as

an exempt vehicle shall continue until suspended or revoked for

misuse, or when such vehicle no longer is used as a farm vehicle.))

(1) A farmer shall apply to the department, county auditor or other

agent, or subagent appointed by the director for a farm exempt decal

for a farm vehicle if the farm vehicle is exempt under section 404(3)

of this act. The farm exempt decal:

(a) Allows the farm vehicle to be operated within a radius of

fifteen miles of the farm where it is principally used or garaged;

(b) Must be displayed on the farm vehicle so that it is clearly

visible from outside of the farm vehicle; and

(c) Must identify that the farm vehicle is exempt from the

registration requirements of this chapter.

(2) A farmer or the farmer's representative must apply for a farm

exempt decal on a form furnished or approved by the department.

The application must show:

(a) The name and address of the person who is the owner of the

vehicle;

(b) A full description of the vehicle, including its make, model,

year, the motor number or the vehicle identification number if the

vehicle is a motor vehicle, or the serial number if the vehicle is a

trailer;

(c) The purpose for which the vehicle is principally used;

(d) The place where the farm vehicle is principally used or

garaged; and

(e) Other information as required by the department upon

application.


appointed by the director shall collect the fee required under section

526 of this act when issuing a farm exempt decal.

(4) A farm exempt decal may not be renewed. The status as an

exempt vehicle continues until suspended or revoked for misuse, or

when the vehicle is no longer used as a farm vehicle.

(5) The department may adopt rules to implement this section.



(1) For the purposes of vehicle ((license)) registration, a resident

is a person who manifests an intent to live or be located in this state

on more than a temporary or transient basis. Evidence of residency

includes, but is not limited to:

(a) Becoming a registered voter in this state; ((or))

(b) Receiving benefits under one of the Washington public

assistance programs; or

(c) Declaring ((that he or she is a resident)) residency for the

purpose of obtaining a state license or tuition fees at resident rates.

(2) ((The term)) A natural person may be a resident of this state

even though that person has or claims residency or domicile in

another state or intends to leave this state at some future time. A

natural person is presumed a resident if the natural person meets at

least two of the following conditions:

(a) Maintains a residence in this state for personal use;

(b) Has a Washington state driver's license or a Washington

state resident hunting or fishing license;

(c) Uses a Washington state address for federal income tax or

state tax purposes;

(d) Has previously maintained a residence in this state for

personal use and has not established a permanent residence outside

the state of Washington, such as a person who retires and lives in a

motor home or vessel that is not permanently attached to any


property;

(e) Claims this state as his or her residence for obtaining

eligibility to hold a public office or for judicial actions;

(f) Is a custodial parent with a child attending public schools in

this state.

(3) "Washington public assistance programs," as referred to in

subsection (1)(b) of this section, includes only public assistance

programs for which more than fifty percent of the combined costs of

benefits and administration are paid from state funds. ((Programs

which are not included within the term)) "Washington public

assistance programs" ((pursuant to the above criteria)) does not

include((, but are not limited to)): The food stamp program under

the federal food stamp act of 1964; programs under the child

nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and

temporary assistance for needy families.

(((3))) (4) A resident of the state shall apply for a certificate of

title under chapter 46.12 RCW and register under this chapter((s

46.12 and 46.16 RCW)) a vehicle to be operated on the highways of

the state. New Washington residents ((shall be)) are allowed thirty

days from the date they become residents as defined in this section

to ((procure)) obtain Washington registration for their vehicles.

This thirty-day period ((shall)) may not be combined with any other

period of reciprocity provided for in this chapter or chapter 46.85

RCW.



((It is unlawful to)) A person may not purchase a vehicle

((bearing)) displaying foreign license plates without removing and

destroying the license plates unless:

(1) The out-of-state vehicle is sold to a Washington resident by

a resident of a jurisdiction where the license plates follow the owner

((or));

(2) The out-of-state license plates may be returned to the

jurisdiction of issuance by the owner for refund purposes; or

(3) For ((such)) other reasons as determined by the department

((may deem appropriate)) by rule.



((Except as is herein provided for foreign businesses,)) (1) The

provisions ((relative)) of this chapter relating to the ((licensing))

registration of vehicles and display of ((vehicle)) license ((number))

plates and ((license)) registration certificates ((shall)) do not apply to

((any)) vehicles owned by nonresidents of this state if:

(a) The owner ((thereof)) has complied with the law requiring

the ((licensing)) registration of vehicles in the names of the owners

((thereof)) in force in the state, foreign country, territory, or federal

district of ((his or her)) residence; and

(b) The ((vehicle)) license ((number)) plate showing the initial or

abbreviation of the name of ((such)) the state, foreign country,

territory, or federal district((,)) is displayed on ((such)) the vehicle

substantially as ((is provided therefor)) required in this state. ((The

provisions of this section shall be operative as to a vehicle owned by

a nonresident of this state only to the extent that under the laws of

the state, foreign country, territory or federal district of his or her

residence, like))

(2) This section applies only if the laws of the state, foreign country,

territory, or federal district of the nonresident's residence allow

similar exemptions and privileges ((are granted)) to vehicles ((duly

licensed)) registered under the laws of ((and owned by residents of

this state. If under the laws of such)) the foreign state, ((foreign))

country, territory, or federal district((, vehicles owned by residents

of this state, operating upon the highways of such state, foreign

country, territory or federal district, are required to pay the license

fee and carry the vehicle license number plates of such state, foreign

country, territory or federal district, the vehicles owned by residents

of such state, foreign country, territory or federal district, and

operating upon the highways of this state, shall comply with the

provisions of this state relating to the licensing of vehicles)).

(3) Foreign businesses owning, maintaining, or operating places of

business in this state and using vehicles in connection with ((such))

those places of business((,)) shall comply with ((the provisions

relating to the licensing of vehicles insofar as vehicles used in

connection with such places of business are concerned)) this

chapter. Under provisions of the international registration plan, the

nonmotor vehicles of member and nonmember jurisdictions

((which)) that are properly based and ((licensed)) registered in such

jurisdictions ((are granted)) have reciprocity in this state as provided

in RCW 46.87.070(((2))).

(4) The director ((is empowered to make)) may adopt and enforce

rules ((and regulations)) for the ((licensing)) registration of

nonresident vehicles ((upon)) on a reciprocal basis and with respect

to any character or class of operation.



((Application for original vehicle license shall be made on [a]

form furnished for the purpose by the department. Such

application shall be made by the owner of the vehicle or duly

authorized agent over the signature of such owner or agent, and the

applicant shall certify that the statements therein are true to the best

of the applicant's knowledge. The application must show:

(1) Name and address of the owner of the vehicle and, if the

vehicle is subject to a security agreement, the name and address of

the secured party;

(2) Trade name of the vehicle, model, year, type of body, the

identification number thereof;

(3) The power to be used--whether electric, steam, gas or other

power;

(4) The purpose for which said vehicle is to be used and the

nature of the license required;

(5) The licensed gross weight for such vehicle which in the case

of for hire vehicles and auto stages with seating capacity of more

than six shall be the adult seating capacity thereof, including the

operator, as provided for in RCW 46.16.111. In the case of motor

trucks, tractors, and truck tractors, the licensed gross weight shall be

the gross weight declared by the applicant pursuant to the provisions

of RCW 46.16.111;

(6) The unladen weight of such vehicle, if it be a motor truck or

trailer, which shall be the shipping weight thereof as given by the

manufacturer thereof unless another weight is shown by weight slip

verified by a certified weighmaster, which slip shall be attached to

the original application;

(7) Such other information as shall be required upon such

application by the department.))

(1) An owner or the owner's authorized representative must apply

for an original vehicle registration to the department, county auditor

or other agent, or subagent appointed by the director on a form

furnished by the department. The application must contain:

(a) A description of the vehicle, including its make, model,

vehicle identification number, type of body, and power to be used;

(b) The name and address of the person who is the registered

owner of the vehicle and, if the vehicle is subject to a security

interest, the name and address of the secured party;

(c) The purpose for which the vehicle is to be used;

(d) The licensed gross weight for the vehicle, which is:

(i) The adult seating capacity, including the operator, as

provided for in RCW 46.16.070(1) (as recodified by this act) if the

vehicle will be operated as a for hire vehicle or auto stage and has a

seating capacity of more than six; or

(ii) The gross weight declared by the applicant as required in

RCW 46.16.070(2) (as recodified by this act) if the vehicle will be

operated as a motor truck, tractor, or truck tractor;

(e) The empty scale weight of the vehicle; and



(f) Other information that the department may require.

(2) The registered owner or the registered owner's authorized

representative shall sign the application for an original vehicle

registration and certify that the statements on the application are true

to the best of the applicant's knowledge.

(3) The application for an original vehicle registration must be

accompanied by a draft, money order, certified bank check, or cash

for all fees and taxes due for the application for an original vehicle

registration.




(1) The department may refuse to issue or may cancel a

registration at any time when the department determines that an

applicant for registration is not entitled to one. Notice of

cancellation may be accomplished by sending a notice by first-class

mail using the last known address in department records for the

registered or legal owner or owners, and completing an affidavit of

first-class mail. It is unlawful for any person to remove, drive, or

operate the vehicle until a proper registration certificate has been

issued. A person removing, driving, or operating a vehicle after the

refusal to issue or cancellation of the registration is guilty of a gross

misdemeanor.

(2) The suspension, revocation, cancellation, or refusal by the

director of a registration certificate provided under this chapter is

conclusive unless the person whose registration or certificate is

suspended, revoked, canceled, or refused appeals to the superior

court of Thurston county or the person's county of residence.

(a) Notice of appeal must be filed within ten days after receipt of

the notice of suspension, revocation, cancellation, or refusal. Upon

the filing of the notice of appeal, the court shall issue an order to the

director to show cause why the registration should not be granted or

reinstated and return the order not less than ten days after the date of

service to the director. Service must be in the same manner as

prescribed for the service of a summons and complaint in other civil

actions.

(b) Upon the hearing on the order to show cause, the court shall

hear evidence concerning matters with reference to the suspension,

revocation, cancellation, or refusal of the registration and shall enter

judgment either affirming or setting aside the suspension,

revocation, cancellation, or refusal.



(1) ((The department in its discretion may grant a temporary

permit to operate a vehicle for which application for registration has

been made, where such application is accompanied by the proper

fee pending action upon said application by the department.

(2))) The department may authorize vehicle dealers properly

licensed ((pursuant to)) under chapters 46.09, 46.10, and 46.70

RCW to issue temporary permits to operate vehicles under ((such))

rules ((and regulations as)) adopted by the department ((deems

appropriate)).

(((3))) (2) The ((fee)) department, county auditor or other agent,

or subagent appointed by the director shall collect the fee required

under section 535(1)(a) of this act for each temporary permit

application ((distributed)) sold to an authorized vehicle dealer

((shall be fifteen dollars, five dollars of which shall be credited to the

payment of registration fees at the time application for registration is

made. The remainder shall be deposited to the state patrol highway

account)).

(((4))) (3) The payment of ((the registration)) vehicle license

fees to an authorized dealer is considered payment to the state of

Washington.

(((5) By July 1, 2009,)) (4) The department shall provide access

to a secure system that allows temporary permits issued by vehicle

dealers properly licensed ((pursuant to)) under chapters 46.09,

46.10, and 46.70 RCW to be generated and printed on demand. By

July 1, 2011, all such permits must be generated using the

designated system.

Sec. 416. RCW 46.16.047 and 1961 c 12 s 46.16.047 are each


((Forms for such temporary permits shall be prescribed and

furnished by the department. Temporary permits shall bear

consecutive numbers, shall show the name and address of the

applicant, trade name of the vehicle, model, year, type of body,

identification number and date of application, and shall be such as

may be affixed to the vehicle at the time of issuance, and remain on

such vehicle only during the period of such registration and until the

receipt of permanent license plates. The application shall be

registered in the office of the person issuing the permit and shall be

forwarded by him to the department each day together with the fee

accompanying it.

A fee of fifty cents shall be charged by the person authorized to

issue such permit which shall be accounted for in the same manner

as the other fees collected by such officers, provided that such fees

collected by county auditors or their agents shall be paid to the

county treasurer in the same manner as other fees collected by the

county auditor and credited to the county current expense fund.))


appointed by the director may grant a temporary permit to operate a

vehicle for which an application for registration has been made.

The application for a temporary permit must be made by the owner

or the owner's representative to the department, county auditor or

other agent, or subagent appointed by the director on a form

furnished by the department and must contain:

(a) A full description of the vehicle, including its make, model,

vehicle identification number, and type of body;

(b) The name and address of the applicant;

(c) The date of application; and

(d) Other information that the department may require.

(2) Temporary permits must:

(a) Be consecutively numbered;

(b) Be displayed where it is visible from outside of the vehicle,

such as on the inside left side of the rear window; and

(c) Remain on the vehicle only until the receipt of permanent

license plates.

(3) The application must be accompanied by the fee required

under section 535(1)(b) of this act.



The department ((in its discretion)) may issue a temporary letter

of authority authorizing the movement of an ((unlicensed))

unregistered vehicle or the temporary ((usage)) use of a special plate

for the purpose of promoting or participating in an event such as a

parade, pageant, fair, convention, or other special community

activity. The letter of authority may not be issued to or used by

anyone for personal gain, but public identification of the sponsor or

owner of the donated vehicle shall not be considered to be personal

gain.



((Trailing units which are subject to RCW 82.44.020(4) shall,

upon application, be issued a permanent license plate that is valid

until the vehicle is sold, permanently removed from the state, or

otherwise disposed of by the registered owner. The fee for this

license plate is thirty-six dollars. Upon the sale, permanent

removal from the state, or other disposition of a trailing unit bearing

a permanent license plate the registered owner is required to return

the license plate and registration certificate to the department.

Violations of this section or misuse of a permanent license plate may


subject the registered owner to prosecution or denial, or both, of

future permanent registration of any trailing units. This section

does not apply to any trailing units subject to the annual excise taxes

prescribed in RCW 82.44.020. The department is authorized to

adopt rules to implement this section for leased vehicles and other

applications as necessary.))

(1) Trailers that are towed in combination with a truck, motor truck,

truck tractor, road tractor, or tractor and used to transport loads in

excess of forty thousand pounds combined gross weight may be

issued a permanent license plate and registration. The permanent

license plate and registration is valid until the trailer is sold,

permanently removed from the state, or otherwise disposed of by the

registered owner. The owner of the trailer shall:

(a) Apply for the permanent license plate and registration with

the department, county auditor or other agent, or subagent;

(b) Pay the combination trailer license plate fee required under

section 516 of this act in addition to any other fee or taxes due by

law; and

(c) Return the license plate and registration certificate to the

department if the trailer is sold, permanently removed from the state,

or otherwise disposed of.

(2) The permanent license plate and registration authorized in

subsection (1) of this section may not be issued to trailers that haul

logs.

(3) A violation of this section or misuse of a permanent license

plate may subject the registered owner to prosecution or denial, or

both, of future permanent registration of any trailer.

(4) The department may adopt rules to implement this section

for leased vehicles and other applications as necessary.



(((1) In lieu of all other vehicle licensing fees, unless

specifically exempt, and in addition to the mileage fees prescribed

for buses and stages in RCW 46.16.125, there shall be paid and

collected annually for each truck, motor truck, truck tractor, road

tractor, tractor, bus, auto stage, or for hire vehicle with seating

capacity of more than six, based upon the declared combined gross

weight or declared gross weight under chapter 46.44 RCW, the

following licensing fees by weight:

WEIGHT SCHEDULE A SCHEDULE B

4,000 lbs. .......................... $ 40.00 ................. $ 40.00

6,000 lbs. .......................... $ 50.00 ................. $ 50.00

8,000 lbs. .......................... $ 60.00 ................. $ 60.00

10,000 lbs. .......................... $ 62.00 ................. $ 62.00

12,000 lbs. .......................... $ 79.00 ................. $ 79.00

14,000 lbs. .......................... $ 90.00 ................. $ 90.00

16,000 lbs. .......................... $ 102.00 ................. $ 102.00

18,000 lbs. .......................... $ 154.00 ................. $ 154.00

20,000 lbs. .......................... $ 171.00 ................. $ 171.00

22,000 lbs. .......................... $ 185.00 ................. $ 185.00

24,000 lbs. .......................... $ 200.00 ................. $ 200.00

26,000 lbs. .......................... $ 211.00 ................. $ 211.00

28,000 lbs. .......................... $ 249.00 ................. $ 249.00

30,000 lbs. .......................... $ 287.00 ................. $ 287.00

32,000 lbs. .......................... $ 346.00 ................. $ 346.00

34,000 lbs. .......................... $ 368.00 ................. $ 368.00

36,000 lbs. .......................... $ 399.00 ................. $ 399.00

38,000 lbs. .......................... $ 438.00 ................. $ 438.00

40,000 lbs. .......................... $ 501.00 ................. $ 501.00

42,000 lbs. .......................... $ 521.00 ................. $ 611.00

44,000 lbs. .......................... $ 532.00 ................. $ 622.00

46,000 lbs. .......................... $ 572.00 ................. $ 662.00

48,000 lbs. .......................... $ 596.00 ................. $ 686.00

50,000 lbs. .......................... $ 647.00 ................. $ 737.00

52,000 lbs. .......................... $ 680.00 ................. $ 770.00

54,000 lbs. .......................... $ 734.00 ................. $ 824.00

56,000 lbs. .......................... $ 775.00 ................. $ 865.00

58,000 lbs. .......................... $ 806.00 ................. $ 896.00

60,000 lbs. .......................... $ 859.00 ................. $ 949.00

62,000 lbs. .......................... $ 921.00 ................. $ 1,011.00

64,000 lbs. .......................... $ 941.00 ................. $ 1,031.00

66,000 lbs. .......................... $ 1,048.00 ................. $ 1,138.00

68,000 lbs. .......................... $ 1,093.00 ................. $ 1,183.00

70,000 lbs. .......................... $ 1,177.00 ................. $ 1,267.00

72,000 lbs. .......................... $ 1,259.00 ................. $ 1,349.00

74,000 lbs. .......................... $ 1,368.00 ................. $ 1,458.00

76,000 lbs. .......................... $ 1,478.00 ................. $ 1,568.00

78,000 lbs. .......................... $ 1,614.00 ................. $ 1,704.00

80,000 lbs. .......................... $ 1,742.00 ................. $ 1,832.00

82,000 lbs. .......................... $ 1,863.00 ................. $ 1,953.00

84,000 lbs. .......................... $ 1,983.00 ................. $ 2,073.00

86,000 lbs. .......................... $ 2,104.00 ................. $ 2,194.00

88,000 lbs. .......................... $ 2,225.00 ................. $ 2,315.00

90,000 lbs. .......................... $ 2,346.00 ................. $ 2,436.00

92,000 lbs. .......................... $ 2,466.00 ................. $ 2,556.00



94,000 lbs. .......................... $ 2,587.00 ................. $ 2,677.00

96,000 lbs. .......................... $ 2,708.00 ................. $ 2,798.00

98,000 lbs. .......................... $ 2,829.00 ................. $ 2,919.00

100,000 lbs. .......................... $ 2,949.00 ................. $ 3,039.00

102,000 lbs. .......................... $ 3,070.00 ................. $ 3,160.00

104,000 lbs. .......................... $ 3,191.00 ................. $ 3,281.00

105,500 lbs. .......................... $ 3,312.00 ................. $ 3,402.00

((Schedule A applies to vehicles either used exclusively for

hauling logs or that do not tow trailers. Schedule B applies to

vehicles that tow trailers and are not covered under Schedule A.

Every truck, motor truck, truck tractor, and tractor exceeding

6,000 pounds empty scale weight registered under chapter 46.16,

46.87, or 46.88 RCW shall be licensed for not less than one hundred

fifty percent of its empty weight unless the amount would be in

excess of the legal limits prescribed for such a vehicle in RCW

46.44.041 or 46.44.042, in which event the vehicle shall be licensed

for the maximum weight authorized for such a vehicle or unless the

vehicle is used only for the purpose of transporting any well drilling

machine, air compressor, rock crusher, conveyor, hoist, donkey

engine, cook house, tool house, bunk house, or similar machine or

structure attached to or made a part of such vehicle.

The following provisions apply when increasing gross or

combined gross weight for a vehicle licensed under this section:

(a) The new license fee will be one-twelfth of the fee listed

above for the new gross weight, multiplied by the number of months

remaining in the period for which licensing fees have been paid,

including the month in which the new gross weight is effective.

(b) Upon surrender of the current certificate of registration or

cab card, the new licensing fees due shall be reduced by the amount

of the licensing fees previously paid for the same period for which

new fees are being charged.

(2) The proceeds from the fees collected under subsection (1) of

this section shall be distributed in accordance with RCW 46.68.035.

(3) In lieu of the gross weight fee under subsection (1) of this

section, farm vehicles may be licensed upon payment of the fee in

effect under subsection (1) of this section on May 1, 2005. In order

to qualify for the reduced fee under this subsection, the farm vehicle

must be exempt from property taxes in accordance with RCW

84.36.630. The applicant must submit copies of the forms required

under RCW 84.36.630. The application for the reduced fee under

this subsection shall require the applicant to attest that the vehicle

shall be used primarily for farming purposes. The department shall

provide licensing agents and subagents with a schedule of the

appropriate licensing fees for farm vehicles.))

(1) Auto stage, bus, for hire vehicle - more than six seats. The

declared gross weight for an auto stage, bus, or for hire vehicle,

except taxicabs, with a seating capacity of more than six is

determined by:

(a) Multiplying the number of seats, including the driver, times

one hundred fifty pounds per seat;

(b) Adding the scale weight to the product derived in (a) of this

subsection; and

(c) Locating the sum derived in (b) of this subsection in the

registration fee based on declared gross weight table provided in

section 530 of this act and rounding up to the next greater weight.

(2) Motor truck, road tractor, truck, truck tractor -

sufficient declared gross weight required. The declared gross

weight for a motor truck, road tractor, truck, or truck tractor must

have a sufficient declared gross weight, as required under chapter

46.44 RCW, to cover:

(a) Its empty scale weight plus the maximum load it will carry;

and

(b) The empty scale weight of any trailer it will tow and the

maximum load that the trailer will carry. The declared gross

weight of the motor vehicle does not need to include the trailer if:

(i) The empty scale weight of the trailer and the maximum load

the trailer will carry does not exceed four thousand pounds; or

(ii) The trailer is for personal use, such as a horse trailer, travel

trailer, or utility trailer.

(3) Motor truck, road tractor, truck, and truck tractor -

exceeding six thousand pounds empty scale weight. Every

truck, motor truck, truck tractor, and tractor exceeding six thousand

pounds empty scale weight registered under chapter 46.16 or 46.87

RCW must be licensed for not less than one hundred fifty percent of

its empty weight unless:

(a) The amount would exceed the legal limits described in RCW

46.44.041 or 46.44.042, in which event the vehicle must be licensed

for the maximum weight authorized for the vehicle; or

(b) The vehicle is a fixed load vehicle.

(4) Increasing declared gross weight. The following

provisions apply when increasing declared gross weight for a motor

vehicle licensed under this section:

(a) The declared gross weight must be increased to the end of

the current registration year when the declared gross weight remains

at 12,000 pounds or less.

(b) For motor vehicles increasing to a declared gross weight of

14,000 pounds or more, the declared gross weight must be

increased, at a minimum, to the expiration of the current declared

gross weight license.

(c) The new license fee is one-twelfth of the annual license fee

listed in section 530 of this act for each of the number of months

remaining in the registration period. The department shall:

(i) Apply credit to any gross weight license fees already paid for

the full months remaining in the registration period;

(ii) Charge the monthly declared gross weight license fee

required under section 532 of this act, in addition to any other fees or

taxes due; and

(iii) Not apply credit to monthly declared gross weight license

fees already used.

(d) (c) of this subsection does not apply to motor vehicles

described in (a) of this subsection.

(e) Upon surrender of the current registration certificate or cab

card, credit must be applied as described in (c) of this subsection.

(5) Monthly license--Authorized. The annual license fees

required in section 530 of this act for any motor vehicle or

combination of vehicles having a declared gross weight of twelve

thousand one pounds or more may be paid for any full registration

month or months at one- twelfth of the annual license fee plus the

monthly declared gross weight license fee required in section 532 of

this act. This sum must be multiplied by the number of full months

for which the fees are paid if for less than a full year.

(6) Monthly license--Penalty. Operation of a vehicle

registered under subsection (5) of this section by any person upon

the public highways after the expiration of the monthly license is a

traffic infraction. The person shall pay a license fee for the vehicle

involved covering an entire registration year's operation, less the

fees for any registration month or months of the registration year

already paid. If, within five days, a license fee for a full registration

year has not been paid as required, the Washington state patrol,

county sheriff, or city police shall impound the vehicle until the fees

have been paid.

(7) Camper, school bus--Exemptions. (a) The weight of a

camper must not be included when determining declared gross


weight.

(b) Motor vehicles used for the transportation of school children

or teachers to and from school and other school activities are exempt

from subsection (1) of this section and the seating capacity fee

provided in section 529 of this act. If the motor vehicle is used for

any other purpose, it must be appropriately registered as required

under this chapter.

(8) Credit for unused license fee. A registered owner of a

motor vehicle with a declared gross weight of more than twelve

thousand pounds may obtain credit for the unused portion of the

license fee paid or transfer the credit to a new owner under the

following conditions:

(a) The motor vehicle must have been recently sold or

transferred to another owner, is no longer in the possession of the

owner, or is reported destroyed under RCW 46.12.070 (as

recodified by this act);

(b) The available credit must be fifteen dollars or more;

(c) Credit will be given for any unused months of the declared

gross weight license already purchased at the rate of one-twelfth for

each full or partial month of registration;

(d) Credit only applies to license fees due under section 530 of

this act for the registration year for which it was purchased;

(e) Credit as used in this section may not be refunded.



(((1)(a) Except as otherwise provided in this section, the

department shall collect from the owners of vehicles registered

under RCW 46.16.0621 and vehicles licensed under RCW

46.16.070 with a declared gross weight of ten thousand pounds or

less a voluntary donation of five dollars at the time of initial or

renewal registration. The donation must be deposited in the state

parks renewal and stewardship account established in RCW

79A.05.215 to be used for the operation and maintenance of state

parks.

(b) The donation required under this section may not be

collected from any vehicle owner actively opting not to participate

in the donation program. The department shall ensure that the

opt-out donation under this section shall be clear, visible, and

prominently displayed in both paper and online vehicle registration

renewals. Notification of intent to not participate in the donation

program must be provided annually at the time of vehicle

registration renewal.

(2) This section applies to registrations due or to become due on

or after September 1, 2009.))


appointed by the director shall provide an opportunity for a vehicle

owner to make a voluntary donation as provided in this section

when applying for an initial or renewal vehicle registration.

(2)(a) A vehicle owner who registers a vehicle under this

chapter may donate one dollar or more to the organ and tissue

donation awareness account to promote the donation of organs and

tissues under the uniform anatomical gift act as described in chapter

68.64 RCW. The donation of one or more dollars is voluntary and

may be refused by the vehicle owner.

(b) The department, county auditor or other agent, or subagent

appointed by the director shall:

(i) Ask a vehicle owner applying for a vehicle registration if the

owner would like to donate one dollar or more;

(ii) Inform a vehicle owner of the option for organ and tissue

donations as required under RCW 46.20.113; and

(iii) Make information booklets or other informational material

available regarding the importance of organ and tissue donations to

vehicle owners.

(c) All reasonable costs associated with the creation of the

donation program created under this section must be paid

proportionally or by another agreement by a participating

Washington state organ procurement organization established for

organ and tissue donation awareness purposes by the Washington

state organ procurement organizations. For the purposes of this

section, "reasonable costs" and "Washington state organ

procurement organization" have the same meaning as in RCW

68.64.010.

(3) The department shall collect from a vehicle owner who pays

a vehicle license fee under section 531(1) (a), (d), (e), (g), (h), (j),

(n), (o), or (g) of this act or who registers a vehicle under RCW

46.16.070 (as recodified by this act) with a declared gross weight of

ten thousand pounds or less a voluntary donation of five dollars.

The donation may not be collected from any vehicle owner actively

opting not to participate in the donation program. The department

shall ensure that the opt-out donation under this section is clear,

visible, and prominently displayed in both paper and online vehicle

registration renewals. Notification of intent to not participate in the

donation program must be provided annually at the time of vehicle

registration renewal. The donation must be deposited in the state



parks.



((In lieu of the license tab fees provided in RCW 46.16.0621,

private use single-axle trailers of two thousand pounds scale weight

or less may be licensed upon the payment of a license fee in the sum

of fifteen dollars, but only if)) Private use single-axle trailers of two

thousand pounds scale weight or less may qualify for a reduced

vehicle license fee described in section 531(1)(k) of this act. To

qualify for the reduced vehicle license fee:

(1) The trailer ((is)) must be operated upon public

highways((.));

(2) The vehicle license fee must be collected annually for each

registration year or fraction of a registration year((. This reduced

license fee applies only to)); and

(3) The trailer((s)) must be operated for personal use of the

owner((s,)) and not ((trailers)) held for rental to the public or used in

any commercial or business endeavor. ((The proceeds from the

fees collected under this section shall be distributed in accordance

with RCW 46.68.035(2).))




(1) Design. All license plates may be obtained by the director

from the metal working plant of a state correctional facility or from

any source in accordance with existing state of Washington

purchasing procedures. License plates:

(a) May vary in background, color, and design;

(b) Must be legible and clearly identifiable as a Washington

state license plate;

(c) Must designate the name of the state of Washington without

abbreviation;

(d) Must be treated with fully reflectorized materials designed to

increase visibility and legibility at night;

(e) Must be of a size and color and show the registration period

as determined by the director; and

(f) May display a symbol or artwork approved by the special

license plate review board and the legislature.

(2) Exceptions to reflectorized materials. License plates

issued before January 1, 1968, are not required to be treated with

reflectorized materials.

(3) Dealer license plates. License plates issued to a dealer

must contain an indication that the license plates have been issued to

a vehicle dealer.

(4)(a) Furnished. The director shall furnish to all persons

making satisfactory application for a vehicle registration:



(i) Two identical license plates each containing the license plate

number; or

(ii) One license plate if the vehicle is a trailer, semitrailer,

camper, moped, collector vehicle, horseless carriage, or motorcycle.

(b) The director may adopt types of license plates to be used as

long as the license plates are legible.

(5)(a) Display. License plates must be:

(i) Attached conspicuously at the front and rear of each vehicle

if two license plates have been issued;

(ii) Attached to the rear of the vehicle if one license plate has

been issued;

(iii) Kept clean and be able to be plainly seen and read at all

times; and

(iv) Attached in a horizontal position at a distance of not more

than four feet from the ground.

(b) The Washington state patrol may grant exceptions to this

subsection if the body construction of the vehicle makes compliance

with this section impossible.

(6) Change of license classification. A person who has

altered a vehicle that makes the current license plate or plates invalid

for the vehicle's use shall:

(a) Surrender the current license plate or plates to the


the director;

(b) Apply for a new license plate or plates; and

(c) Pay a change of classification fee required under section 523

of this act.

(7) Unlawful acts. It is unlawful to:

(a) Display a license plate or plates on the front or rear of any

vehicle that were not issued by the director for the vehicle;

(b) Display a license plate or plates on any vehicle that have

been changed, altered, or disfigured, or have become illegible;

(c) Use holders, frames, or other materials that change, alter, or

make a license plate or plates illegible. License plate frames may

be used on license plates only if the frames do not obscure license

tabs or identifying letters or numbers on the plates and the license

plates can be plainly seen and read at all times;

(d) Operate a vehicle unless a valid license plate or plates are

attached as required under this section;

(e) Transfer a license plate or plates issued under this chapter

between two or more vehicles without first making application to

transfer the license plates. A violation of this subsection (7)(e) is a

traffic infraction subject to a fine not to exceed five hundred dollars.

Any law enforcement agency that determines that a license plate or

plates have been transferred between two or more vehicles shall

confiscate the license plate or plates and return them to the

department for nullification along with full details of the reasons for

confiscation. Each vehicle identified in the transfer will be issued a

new license plate or plates upon application by the owner or owners

and the payment of full fees and taxes; or

(f) Fail, neglect, or refuse to endorse the registration certificate

and deliver the license plate or plates to the purchaser or transferee

of the vehicle, except as authorized under this section.

(8) Transfer. (a) Standard issue license plates follow the

vehicle when ownership of the vehicle changes unless the registered

owner wishes to retain the license plates and transfer them to a

replacement vehicle of the same use. A registered owner wishing

to keep standard issue license plates shall pay the license plate

transfer fee required under section 518(1)(c) of this act when

applying for license plate transfer.

(b) Special license plates may be treated in the same manner as

described in (a) of this subsection unless otherwise limited by law.

(c) License plates issued to the state or any county, city, town,

school district, or other political subdivision entitled to exemption as

provided by law may be treated in the same manner as described in

(a) of this subsection.

(9) Replacement. (a) An owner or the owner's authorized

representative shall apply for a replacement license plate or plates if

the current license plate or plates assigned to the vehicle have been

lost, defaced, or destroyed, or if one or both plates have become so

illegible or are in such a condition as to be difficult to distinguish.

An owner or the owner's authorized representative may apply for a

replacement license plate or plates at any time the owner chooses.

(b) The application for a replacement license plate or plates

must:

(i) Be on a form furnished or approved by the director; and

(ii) Be accompanied by the fee required under section 518(1)(a)

of this act.

(c) The department shall not require the payment of any fee to

replace a license plate or plates for vehicles owned, rented, or leased

by foreign countries or international bodies to which the United

States government is a signatory by treaty.

(10)(a) Periodic replacement. License plates must be

replaced periodically to ensure maximum legibility and reflectivity.

The department shall:

(i) Use empirical studies documenting the longevity of the

reflective materials used to make license plates;

(ii) Determine how frequently license plates must be replaced;

and

(iii) Offer to owners the option of retaining the current license

plate number when obtaining replacement license plates for the fee

required in section 518(1)(b) of this act.

(b) Commercial motor vehicles with a gross weight in excess of

twenty-six thousand pounds are exempt from periodic license plate

replacement.

(11) Periodic replacement--exceptions. The following

license plates are not required to be periodically replaced as required

in subsection (10) of this section:

(a) Horseless carriage license plates issued under section 623 of

this act before January 1, 1987;

(b) Congressional Medal of Honor license plates issued under

section 618 of this act;

(c) License plates for commercial motor vehicles with a gross

weight greater than twenty-six thousand pounds.

(12) Rules. The department may adopt rules to implement this

section.

(13) Tabs or emblems. The director may issue tabs or

emblems to be attached to license plates or elsewhere on the vehicle

to signify initial registration and renewals. Renewals become

effective when tabs or emblems have been issued and properly

displayed on license plates.



((Motor trucks, truck tractors, and tractors may be specially

licensed based on the declared gross weight thereof for the various

amounts set forth in the schedule provided in RCW 46.16.070 less

twenty-three dollars; divide the difference by two and add

twenty-three dollars, when such vehicles are owned and operated by

farmers, but only if the following condition or conditions exist:

(1) When such vehicles are to be used for the transportation of

the farmer's own farm, orchard, or dairy products, or the farmer's

own private sector cultured aquatic products as defined in RCW

15.85.020, from point of production to market or warehouse, and of

supplies to be used on the farmer's farm. Fish other than those that

are such private sector cultured aquatic products and forestry

products are not considered as farm products; and/or

(2) When such vehicles are to be used for the infrequent or

seasonal transportation by one farmer for another farmer in the

farmer's neighborhood of products of the farm, orchard, dairy, or


aquatic farm owned by the other farmer from point of production to

market or warehouse, or supplies to be used on the other farm, but

only if transportation for another farmer is for compensation other

than money. Farmers shall be permitted an allowance of an

additional eight thousand pounds, within the legal limits, on such

vehicles, when used in the transportation of the farmer's own farm

machinery between the farmer's own farm or farms and for a

distance of not more than thirty- five miles from the farmer's farm or

farms.

The department shall prepare a special form of application to be

used by farmers applying for licenses under this section, which form

shall contain a statement to the effect that the vehicle concerned will

be used subject to the limitations of this section. The department

shall prepare special insignia which shall be placed upon all such

vehicles to indicate that the vehicle is specially licensed, or may, in

its discretion, substitute a special license plate for such vehicle for

such designation.

Operation of such a specially licensed vehicle in transportation

upon public highways in violation of the limitations of this section is

a traffic infraction.))

(1) Motor trucks, truck tractors, and tractors owned and operated by

farmers may receive a reduction in gross weight license fees as

described in section 527 of this act only if the vehicle is used

exclusively to transport:

(a) The farmer's own farm, orchard, dairy, or private sector

cultured aquatic products as defined in RCW 15.85.020, from point

of production to market or warehouse. Fish other than private

sector cultured aquatic products or forestry products are not

considered farm products;

(b) Supplies used on the farmer's farm; or

(c) Products owned by the farm as listed in (a) of this subsection

for another farmer in the neighborhood on a seasonal or infrequent

basis. This may only be for compensation other than money.

(2) Farm vehicles that meet the requirements provided in

subsection (1)(a) through (c) of this section may receive a reduction

in gross weight license fees if the farm is exempt from property

taxes under RCW 84.36.630. The reduction is the reduced gross

weight license fee provided in section 527 of this act. To qualify

for the additional gross weight license fee reduction, the farmer must

submit copies of the forms as required under RCW 84.36.630.

(3) An additional eight thousand pounds gross weight within the

legal limits on farm vehicles may be used if the farmer is

transporting the farmer's own farm machinery between the farmer's

own farm or farms and for a distance of not more than thirty-five

miles.

(4) The application for a reduced gross weight license fee must

be made by the farmer or the farmer's authorized representative to


by the director on a form furnished or approved by the department

and must contain a statement that the vehicle will be used subject to

the limitations of this section.


appointed by the director shall issue a unique series of license tabs

for farm vehicles registered under this section. Farm tabs must be

placed on all farm vehicles registered under this section to indicate

that the vehicle is registered as a farm vehicle. The department

may substitute a special license plate for farm vehicles.

(6) It is a traffic infraction to operate a farm vehicle registered

under this section on the public highways in violation of the

limitations of this section.



In addition to the license fees required ((by)) under section 530

of this act for registering vehicles under RCW 46.16.070 (as

recodified by this act), operators of auto stages with seating capacity

over six shall pay, at the time they file gross earning returns with the

utilities and transportation commission, the sum of fifteen cents for

each one hundred vehicle miles operated by each auto stage over the

public highways of this state. However, in the case of each auto

stage propelled by steam, electricity, natural gas, diesel oil, butane,

or propane, the payment required in this section is twenty cents per

one hundred miles of such operation. The commission shall

transmit all sums so collected to the state treasurer, who shall

deposit the same in the motor vehicle fund. Any person failing to

make any payment required by this section is subject to a penalty of

one hundred percent of the payment due in this section, in addition

to any penalty provided for failure to submit a report. Any

penalties so collected shall be credited to the public service

revolving fund.



(((1) The owner of a vehicle which under reciprocal relations

with another jurisdiction would be required to obtain a license

registration in this state or an unlicensed vehicle which would be

required to obtain a license registration for operation on public

highways of this state may, as an alternative to such license

registration, secure and operate such vehicle under authority of a trip

permit issued by this state in lieu of a Washington certificate of

license registration, and licensed gross weight if applicable. The

licensed gross weight may not exceed eighty thousand pounds for a

combination of vehicles nor forty thousand pounds for a single unit

vehicle with three or more axles. Trip permits are required for

movement of mobile homes or park model trailers and may only be

issued if property taxes are paid in full. For the purpose of this

section, a vehicle is considered unlicensed if the licensed gross

weight currently in effect for the vehicle or combination of vehicles

is not adequate for the load being carried. Vehicles registered

under RCW 46.16.135 shall not be operated under authority of trip

permits in lieu of further registration within the same registration

year.

(2) Each trip permit shall authorize the operation of a single

vehicle at the maximum legal weight limit for such vehicle for a

period of three consecutive days commencing with the day of first

use. No more than three such permits may be used for any one

vehicle in any period of thirty consecutive days, except that in the

case of a recreational vehicle as defined in RCW 43.22.335, no more

than two trip permits may be used for any one vehicle in a one-year

period. Every permit shall identify, as the department may require,

the vehicle for which it is issued and shall be completed in its

entirety and signed by the operator before operation of the vehicle

on the public highways of this state. Correction of data on the

permit such as dates, license number, or vehicle identification

number invalidates the permit. The trip permit shall be displayed

on the vehicle to which it is issued as prescribed by the department.

(3) Vehicles operating under authority of trip permits are subject

to all laws, rules, and regulations affecting the operation of like

vehicles in this state.

(4) Prorate operators operating commercial vehicles on trip

permits in Washington shall retain the customer copy of such permit

for four years.

(5) Trip permits may be obtained from field offices of the

department of transportation, department of licensing, or other

agents appointed by the department. The fee for each trip permit is

twenty dollars. Five dollars from every twenty-dollar trip permit

fee shall be deposited into the state patrol highway account and must

be used for commercial motor vehicle inspections. For each permit

issued, the fee includes a filing fee as provided by RCW 46.01.140

and an excise tax of one dollar. The remaining portion of the trip

permit fee must be deposited to the credit of the motor vehicle fund

as an administrative fee. If the filing fee amount of three dollars as

prescribed in RCW 46.01.140 is increased or decreased after July 1,

2002, the administrative fee must be increased or decreased by the



same amount so that the total trip permit would be adjusted equally

to compensate. These fees and taxes are in lieu of all other vehicle

license fees and taxes. No exchange, credits, or refunds may be

given for trip permits after they have been purchased.

(6) The department may appoint county auditors or businesses

as agents for the purpose of selling trip permits to the public.

County auditors or businesses so appointed may retain the filing fee

collected for each trip permit to defray expenses incurred in

handling and selling the permits.

(7) Commercial motor vehicles that are owned by a motor

carrier subject to RCW 46.32.080, must not be operated on trip

permits authorized by RCW 46.16.160 or 46.16.162 if the motor

carrier's department of transportation number has been placed out of

service by the Washington state patrol. A violation of or a failure to

comply with this subsection is a gross misdemeanor, subject to a

minimum monetary penalty of two thousand five hundred dollars

for the first violation and five thousand dollars for each subsequent

violation.

(8) Except as provided in subsection (7) of this section, a

violation of or a failure to comply with any provision of this section

is a gross misdemeanor.

(9) The department of licensing may adopt rules as it deems

necessary to administer this section.

(10) A surcharge of five dollars is imposed on the issuance of

trip permits. The portion of the surcharge paid by motor carriers

must be deposited in the motor vehicle fund for the purpose of

supporting vehicle weigh stations, weigh-in-motion programs, and

the commercial vehicle information systems and networks program.

The remaining portion of the surcharge must be deposited in the

motor vehicle fund for the purpose of supporting congestion relief

programs. All other administrative fees and excise taxes collected

under the provisions of this chapter shall be forwarded by the

department with proper identifying detailed report to the state

treasurer who shall deposit the administrative fees to the credit of the

motor vehicle fund and the excise taxes to the credit of the general

fund. Filing fees will be forwarded and reported to the state

treasurer by the department as prescribed in RCW 46.01.140.))

(1)(a) A vehicle owner may operate an unregistered vehicle on

public highways under the authority of a trip permit issued by this

state. For purposes of trip permits, a vehicle is considered

unregistered if:

(i) Under reciprocal relations with another jurisdiction, the

owner would be required to register the vehicle in this state;

(ii) The license tabs have expired; or

(iii) The current gross weight license is insufficient for the load

being carried. The licensed gross weight may not exceed eighty

thousand pounds for a combination of vehicles or forty thousand

pounds for a single unit vehicle with three or more axles.

(b) Trip permits are required to move mobile homes or park

model trailers and may only be issued if property taxes are paid in

full.

(2) Trip permits may not be:

(a) Issued to vehicles registered under RCW 46.16.070(5) (as

recodified by this act) in lieu of further registration within the same

registration year; or

(b) Used for commercial motor vehicles owned by a motor

carrier subject to RCW 46.32.080 if the motor carrier's department

of transportation number has been placed out of service by the

Washington state patrol. A violation of or a failure to comply with

this subsection is a gross misdemeanor, subject to a minimum

monetary penalty of two thousand five hundred dollars for the first

violation and five thousand dollars for each subsequent violation.

(3)(a) Each trip permit authorizes the operation of a single

vehicle at the maximum legal weight limit for the vehicle for a

period of three consecutive days beginning with the day of first use.

No more than three trip permits may be used for any one vehicle in

any thirty consecutive day period. No more than two trip permits

may be used for any one recreational vehicle, as defined in RCW

43.22.335, in a one- year period. Every trip permit must:

(i) Identify the vehicle for which it is issued;

(ii) Be completed in its entirety;

(iii) Be signed by the operator before operation of the vehicle on

the public highways of this state;

(iv) Not be altered or corrected. Altering or correcting data on

the trip permit invalidates the trip permit; and

(v) Be displayed on the vehicle for which it is issued as required

by the department.

(b) Vehicles operating under the authority of trip permits are

subject to all laws, rules, and regulations affecting the operation of

similar vehicles in this state.

(4) Prorate operators operating commercial vehicles on trip

permits in Washington shall retain the customer copy of each permit

for four years.

(5) Trip permits may be obtained from field offices of the

department of transportation, department of licensing, county

auditors or other agents, and subagents appointed by the department

for the fee provided in section 535(1)(h) of this act. Exchanges,

credits, or refunds may not be given for trip permits after they have

been purchased.

(6) Except as provided in subsection (2)(b) of this section, a

violation of or a failure to comply with this section is a gross

misdemeanor.

(7) The department may adopt rules necessary to administer this

section.



(1) The owner of a farm vehicle ((licensed)) registered under

RCW 46.16.090 purchasing a monthly ((license)) registration under

RCW ((46.16.135)) 46.16.070(5) (as recodified by this act) may((,

as an alternative to the)) operate the farm vehicle under the authority

of a farm vehicle trip permit if:

(a) There is less than one full month remaining in the first

((partial)) month of the ((license)) registration((, secure and operate

the vehicle under authority of a farm vehicle trip permit issued by

this state)); or

(b) A previously issued monthly registration has expired.

(2) A vehicle operating under the authority of a farm vehicle trip

permit is subject to all laws and rules affecting the operation of

similar vehicles in this state. The licensed gross weight of a vehicle

operating under a farm vehicle trip permit may not exceed eighty

thousand pounds for a combination of vehicles ((nor)) or forty

thousand pounds for a single unit vehicle with three or more axles.

(((2) If a monthly license previously issued has expired, the

owner of a farm vehicle may, as an alternative to purchasing a full

monthly license, secure and operate the vehicle under authority of a

farm vehicle trip permit issued by this state. The licensed gross

weight may not exceed eighty thousand pounds for a combination of

vehicles nor forty thousand pounds for a single unit vehicle with

three or more axles.))

(3) Each farm vehicle trip permit ((shall)) authorizes the

operation of a single vehicle at the maximum legal weight limit for

the vehicle for thirty days, ((commencing)) beginning with the day

of first use. No more than four ((such)) farm vehicle trip permits

may be used for any one vehicle in any twelve-month period.

Every farm vehicle trip permit ((shall)) must:

(a) Identify((, as the department may require,)) the vehicle for

which it is issued ((and shall));

(b) Be completed in its entirety ((and));

(c) Be signed by the operator before operation of the vehicle on

the public highways of this state((. Correction of data on the permit


such as dates, license number, or vehicle identification number));

(d) Not be altered or corrected. Altering or correcting data on

the farm vehicle trip permit invalidates the permit((. The farm

vehicle trip permit shall)); and

(e) Be displayed on the vehicle to which it is issued as

((prescribed)) required by the department.

(4) ((Vehicles operating under authority of farm vehicle trip

permits are subject to all laws, rules, and regulations affecting the

operation of like vehicles in this state.

(5))) Farm vehicle trip permits may be obtained from the

department ((of licensing)), county auditors or other agents ((and)),

or subagents appointed by the ((department)) director for the fee

provided in section 535(1)(c) of this act. ((The fee for each farm

vehicle trip permit is six dollars and twenty-five cents. Farm

vehicle trip permits sold by the department's agents or subagents are

subject to fees specified in RCW 46.01.140 (4)(a), (5)(b), or (6).

(6) The proceeds from farm vehicle trip permits received by the

director shall be forwarded to the state treasurer to be distributed as

provided in RCW 46.68.035(2).

(7) No)) Exchanges, credits, or refunds may not be given for

farm vehicle trip permits after they have been purchased.

(((8))) (5) The department ((of licensing)) may adopt rules as it

deems necessary to administer this section.


chapter 46.16 RCW under the subchapter heading "permits and

uses" to read as follows:

The owner of a commercial vehicle properly registered in

another state may apply to the department, county auditor or other

agent, or subagent appointed by the director for an out-of-state

commercial vehicle intrastate permit when operating the

commercial vehicle in Washington state for periods less than one

year. The permit may be issued for a thirty, sixty, or ninety-day

period. For each thirty-day period, the cost of each permit is

one-twelfth of the fees required under chapter 82.44 RCW if the

vehicle is subject to locally imposed motor vehicle excise taxes and

(1) under section 530(1) of this act if the vehicle is a motor vehicle

or (2) under section 531(1)(c) of this act if the vehicle is a

commercial trailer.



(((1) Upon receipt of the application and proper fee for original

vehicle license, the director shall make a recheck of the application

and in the event that there is any error in the application it may be

returned to the county auditor or other agent to effectively secure the

correction of such error, who shall return the same corrected to the

director.

(2) Application for the renewal of a vehicle license shall be

made to the director or his agents, including county auditors, by the

registered owner on a form prescribed by the director. The

application must be accompanied by the payment of such license

fees and excise tax as may be required by law. Such application

shall be handled in the same manner and the fees transmitted to the

state treasurer in the same manner as in the case of an original

application. Any such application which upon validation becomes

a renewal certificate need not have entered upon it the name of the

lien holder, if any, of the vehicle concerned.

(3) Persons expecting to be out of the state during the normal

renewal period of a vehicle license may secure renewal of such

vehicle license and have license plates or tabs preissued by making

application to the director or his agents upon forms prescribed by the

director. The application must be accompanied by such license

fees, and excise tax as may be required by law.

(4) Application for the annual renewal of a vehicle license

number plate to the director or the director's agents shall not be

required for those vehicles owned, rented, or leased by the state of

Washington, or by any county, city, town, school district, or other

political subdivision of the state of Washington or a governing body

of an Indian tribe located within this state and recognized as a

governmental entity by the United States department of the

interior.))

(1) A registered owner or the registered owner's authorized

representative must apply for a renewal vehicle registration to the


the director on a form approved by the director. The application for

a renewal vehicle registration must be accompanied by a draft,

money order, certified bank check, or cash for all fees and taxes

required by law for the application for a renewal vehicle registration.

(2) An application and the fees and taxes for a renewal vehicle

registration must be handled in the same manner as an original

vehicle registration application. The registration does not need to

show the name of the lien holder when the application for renewal

vehicle registration becomes the renewal registration upon

validation.

(3) A person expecting to be out of state during the normal

renewal period of a vehicle registration may renew a vehicle

registration and have license plates or tabs preissued by applying for

a renewal as described in subsection (1) of this section. A vehicle

registration may be renewed for the subsequent registration year up

to eighteen months before the current expiration date and must be

displayed from the date of issue or from the day of the expiration of

the current registration year, whichever date is later.

(4) An application for a renewal vehicle registration is not

required for those vehicles owned, rented, or leased by:

(a) The state of Washington, or by any county, city, town,

school district, or other political subdivision of the state of

Washington; or

(b) A governing body of an Indian tribe located within this state

and recognized as a governmental entity by the United States

department of the interior.



The department ((of licensing)) shall notify ((the public)) motor

vehicle owners of the liability insurance requirements ((of))

described in RCW 46.30.020 through 46.30.040 at the time of

((new)) issuance of an original motor vehicle registration and when

the department sends a motor vehicle registration renewal notice.



(((1) To renew a vehicle license, an applicant shall satisfy all

listed standing, stopping, and parking violations, and other

infractions issued under RCW 46.63.030(1)(d) for the vehicle

incurred while the vehicle was registered in the applicant's name and

forwarded to the department pursuant to RCW 46.20.270(3). For

the purposes of this section, "listed" standing, stopping, and parking

violations, and other infractions issued under RCW 46.63.030(1)(d)

include only those violations for which notice has been received

from state or local agencies or courts by the department one hundred

twenty days or more before the date the vehicle license expires and

that are placed on the records of the department. Notice of such

violations received by the department later than one hundred twenty

days before that date that are not satisfied shall be considered by the

department in connection with any applications for license renewal

in any subsequent license year. The renewal application may be

processed by the department or its agents only if the applicant:

(a) Presents a preprinted renewal application showing no listed

standing, stopping, or parking violations, or other infractions issued

under RCW 46.63.030(1)(d), or in the absence of such presentation,

the agent verifies the information that would be contained on the

preprinted renewal application; or

(b) If listed standing, stopping, or parking violations, or other

infractions issued under RCW 46.63.030(1)(d) exist, presents proof

of payment and pays a fifteen dollar surcharge.



(2) The surcharge shall be allocated as follows:

(a) Ten dollars shall be deposited in the motor vehicle fund to be

used exclusively for the administrative costs of the department of

licensing; and

(b) Five dollars shall be retained by the agent handling the

renewal application to be used by the agent for the administration of

this section.

(3) If there is a change in the registered owner of the vehicle, the

department shall forward the information regarding the change to

the state or local charging jurisdiction and release any hold on the

renewal of the vehicle license resulting from parking violations or

other infractions issued under RCW 46.63.030(1)(d) incurred while

the certificate of license registration was in a previous registered

owner's name.

(4) The department shall send to all registered owners of

vehicles who have been reported to have outstanding listed parking

violations or other infractions issued under RCW 46.63.030(1)(d),

at the time of renewal, a statement setting out the dates and

jurisdictions in which the violations occurred as well as the amounts

of unpaid fines and penalties relating to them and the surcharge to be

collected.))

(1) Each court and government agency located in this state having

jurisdiction over standing, stopping, and parking violations, the use

of a photo enforcement system under RCW 46.63.160, and the use

of automated traffic safety cameras under RCW 46.63.170 may

forward to the department any outstanding:

(a) Standing, stopping, and parking violations;

(b) Photo enforcement infractions issued under RCW

46.63.030(1)(d); and

(c) Automated traffic safety camera infractions issued under

RCW 46.63.030(1)(e).

(2) Violations and infractions described in subsection (1) of this

section must be reported to the department in the manner described

in RCW 46.20.270(3).

(3) The department shall:

(a) Record the violations and infractions on the matching

vehicle records; and

(b) Send notice approximately one hundred twenty days in

advance of the current vehicle registration expiration date to the

registered owner listing the dates and jurisdictions in which the

violations occurred, the amounts of unpaid fines and penalties, and

the surcharge to be collected. Only those violations and infractions

received by the department one hundred twenty days or more before

the current vehicle registration expiration date will be included in

the notice. Violations and infractions received by the department

later than one hundred twenty days before the current vehicle

registration expiration date that are not satisfied will be delayed until

the next vehicle registration expiration date.


appointed by the director shall not renew a vehicle registration if

there are any outstanding standing, stopping, and parking violations,

and other infractions issued under RCW 46.63.030(1)(d) for the

vehicle unless:

(a) The outstanding, standing, or parking violations were

received by the department within one hundred twenty days before

the current vehicle registration expiration;

(b) There is a change in registered ownership; or

(c) The registered owner presents proof of payment of each

violation and infraction provided in this section and the registered

owner pays the surcharge required under section 504 of this act.


(a) Forward a change in registered ownership information to the

court or government agency who reported the outstanding violations

or infractions; and

(b) Remove the outstanding violations and infractions from the

vehicle record.



((Notwithstanding any provision of law to the contrary,)) The

department may by rule extend or ((diminish)) reduce vehicle

((license)) registration periods for the purpose of staggering renewal

periods. ((Such extension or diminishment of a vehicle license

registration period shall be by rule of the department adopted in

accordance with the provisions of chapter 34.05 RCW.)) The rules

may ((provide for the omission of)) exclude any classes or

classifications of vehicles from the staggered renewal system and

may provide for the gradual introduction of classes or classifications

of vehicles into the system. The rules shall provide for the

collection of proportionately increased or decreased vehicle license

((registration)) fees and of excise or property taxes required to be

paid at the time of registration.

It is the intent of the legislature that there shall be neither a

significant net gain nor loss of revenue to the state general fund or

the motor vehicle fund as the result of implementing and

maintaining a staggered vehicle registration system.



(1) A registration certificate ((of license registration to be valid must

have endorsed thereon the signature of)) must be:

(a) Signed by the registered owner, or ((())if a firm or

corporation, the signature of one of its officers or other ((duly))

authorized agent(() and must be)), to be valid;

(b) Carried in the vehicle for which it is issued((, at all times in

the manner prescribed by the department)); and

(c) Provided to law enforcement and the department by the

operator of the vehicle upon demand.

(2) It ((shall be)) is unlawful for any person to operate or ((have)) be

in ((his)) possession of a vehicle without carrying ((thereon such

certificate of license)) a registration certificate for the vehicle. Any

person in charge of ((such)) a vehicle shall, upon demand of any of

the local authorities or of any police officer or of any representative

of the department, permit an inspection of ((such certificate of

license)) the vehicle registration certificate. This section does not

apply to a vehicle for which ((annual renewal of its license plates))

registration is not required to be renewed annually and ((which)) is a

publicly owned vehicle marked ((in accordance with the provisions

of)) as required under RCW 46.08.065.



A registered owner or the registered owner's authorized

representative shall promptly apply for a duplicate registration

certificate if a registration certificate ((of license registration)) is

lost, stolen, mutilated, or destroyed, or becomes illegible((, the

registered owner or owners, as shown by the records of the

department, shall promptly make application for and may obtain a

duplicate upon tender of one dollar and twenty-five cents in addition

to all other fees and upon furnishing information satisfactory to the

department)). The application for a duplicate registration certificate

must include information required by the department and be

accompanied by the fee required in section 525 of this act. The

duplicate ((of the license)) registration ((shall)) certificate must

contain the ((legend)) word, "duplicate."

A person recovering ((an original)) a registration certificate ((of

license registration)) for which a duplicate has been issued shall

promptly ((surrender)) return the ((original)) recovered registration

certificate to the department.





The registration certificate for a commercial vehicle must

include a statement that the owner or person operating a commercial

vehicle must be in compliance with the requirements of the United

States department of transportation federal motor carrier safety

regulations contained in 49 C.F.R. Part 382.



((Upon the payment of a fee of ten dollars therefor, the

department of licensing shall issue a temporary motor vehicle

license for a motor vehicle in this state for a period of forty-five days

when such motor vehicle has been or is being purchased by a

nonresident member of the armed forces of the United States and an

application, accompanied with prepayment of required fees, for out

of state registration has been made by the purchaser.))

(1) A nonresident member of the armed forces of the United States

may apply to the department, county auditor or other agent, or

subagent appointed by the director for a temporary permit for a

recently purchased motor vehicle. The permit:

(a) Allows the motor vehicle to be used in Washington state

while the owner applies for out-of-state registration;

(b) Is valid for forty-five days; and

(c) Must be carried on the motor vehicle so that it is clearly

visible from outside of the motor vehicle.

(2) A person applying for the forty-five day permit provided in

subsection (1) of this section is not subject to sales and use taxes or

motor vehicle excise taxes during or after the forty-five day period

of the permit unless the motor vehicle is:

(a) Still in Washington state after the forty-five day period of the

permit; or

(b) Returned to Washington state within one year after the forty-

five day permit has expired.


appointed by the director shall collect the fee required under section

535(1)(d) of this act when issuing the forty-five day permit

described in this section.

(4) The department shall adopt rules to implement this section.

Those rules may require proof that the nonresident member of the

armed forces of the United States qualifies for the forty-five day

permit before the permit may be issued.



((Whenever an)) Both a person operating a vehicle with the

express or implied permission of the owner and the owner of the

vehicle are responsible for any act or omission that is declared ((to

be)) unlawful in this chapter ((46.16 RCW, if the operator of the

vehicle is not the owner or lessee of such vehicle, but is so operating

or moving the vehicle with the express or implied permission of the

owner or lessee, then the operator and/or owner or lessee are both

subject to the provisions of this chapter with the primary

responsibility to be that of the owner or lessee)). The primary

responsibility is the owner's.

If the person operating the vehicle at the time of the unlawful act

or omission is not the owner ((or lessee)) of the vehicle, ((such

person is fully authorized to)) the operator may accept the citation

and execute the promise to appear on behalf of the owner ((or

lessee)).


chapter 46.16 RCW under the subchapter heading "specific

vehicles" to read as follows:

This chapter applies to the following:

(1) Campers are considered vehicles for the purposes of vehicle

registration and license plate display, except for campers held as part

of a manufacturer's or dealer's inventory that:

(a) Are unoccupied at all times;

(b) Have been issued a dated demonstration permit that is valid

for no more than seventy-two hours. The permit must be carried in

the vehicle on which the camper is mounted; and

(c) Are mounted on a properly registered vehicle.

(2) Mopeds are considered vehicles for the purposes of vehicle

registration and license plate display. Mopeds are exempt from

personal property taxes and vehicle excise taxes imposed under

chapter 82.44 RCW.

(3) Wheelchair conveyances are considered vehicles for the

purposes of vehicle registration and license plate display.

Wheelchair conveyances that do not meet braking equipment

requirements described in RCW 46.37.340 must be registered as

mopeds.



(1) RCW 46.16.0105 (Exemption--Vehicles in national

recreation areas) and 2005 c 79 s 1;

(2) RCW 46.16.016 (Emission control inspections--Rules for

licensing requirements) and 1979 ex.s. c 163 s 15;

(3) RCW 46.16.017 (Emission standards--Compliance required

to register, lease, rent, or sell vehicles--Exemptions) and 2005 c 295

s 7;

(4) RCW 46.16.023 (Ride-sharing vehicles--Special

plates--Gross misdemeanor) and 2004 c 223 s 2, 1993 c 488 s 5, &

1987 c 175 s 2;

(5) RCW 46.16.035 (Exemptions--Private school buses) and

1990 c 33 s 584 & 1980 c 88 s 1;

(6) RCW 46.16.0621 (License fee) and 2003 c 1 s 2, 2002 c 352

s 7, & 2000 1st sp.s. c 1 s 1;

(7) RCW 46.16.063 (Additional fee for recreational vehicles)

and 1996 c 237 s 1 & 1980 c 60 s 2;

(8) RCW 46.16.071 (Additional fees) and 1996 c 315 s 4;

(9) RCW 46.16.079 (Fixed load motor vehicle equipped for

lifting or towing--Capacity fee in addition to and in lieu) and 1986 c

18 s 5, 1975 c 25 s 16, & 1963 c 18 s 1;

(10) RCW 46.16.085 (Commercial trailers, pole trailers--Fee in

lieu) and 1991 c 163 s 3, 1989 c 156 s 2, 1987 c 244 s 4, 1986 c 18 s

8, & 1985 c 380 s 16;

(11) RCW 46.16.088 (Transfer of license plates--Penalty) and

1986 c 18 s 9 & 1985 c 380 s 17;

(12) RCW 46.16.111 (Gross weight, how computed) and 1987 c

244 s 5, 1986 c 18 s 11, 1971 ex.s. c 231 s 1, 1969 ex.s. c 170 s 6, &

1967 ex.s. c 83 s 57;

(13) RCW 46.16.121 (Seating capacity fees on stages, for hire

vehicles) and 1967 ex.s. c 83 s 58;

(14) RCW 46.16.135 (Monthly license fee--Penalty) and 1986 c

18 s 12, 1985 c 380 s 19, 1979 ex.s. c 136 s 46, 1979 c 134 s 1,

1975-'76 2nd ex.s. c 64 s 3, 1975 1st ex.s. c 118 s 6, 1969 ex.s. c 170

s 7, & 1961 c 12 s 46.16.135;

(15) RCW 46.16.150 (School buses exempt from load and seat

capacity fees) and 1961 c 12 s 46.16.150;

(16) RCW 46.16.200 (Applications to agents--Transmittal to

director) and 1961 c 12 s 46.16.200;

(17) RCW 46.16.220 (Time of renewal of licenses--Duration)

and 1997 c 241 s 9, 1991 c 339 s 20, 1975 1st ex.s. c 118 s 9, 1969

ex.s. c 170 s 9, & 1961 c 12 s 46.16.220;

(18) RCW 46.16.230 (License plates furnished) and 1992 c 7 s

41, 1975 c 25 s 19, & 1961 c 12 s 46.16.230;

(19) RCW 46.16.233 (Standard background--Periodic

replacement-- Retention of current plate number) and 2003 c 361 s

501, 2003 c 196 s 401, 2000 c 37 s 1, & 1997 c 291 s 2;

(20) RCW 46.16.235 (State name not abbreviated) and 1965

ex.s. c 78 s 2;

(21) RCW 46.16.237 (Reflectorized materials--Fee) and 2005 c

314 s 301, 1987 c 52 s 1, & 1967 ex.s. c 145 s 60;



(22) RCW 46.16.240 (Attachment of plates to

vehicles--Violations enumerated) and 2006 c 326 s 1;

(23) RCW 46.16.270 (Replacement of plates--Fee) and 2005 c

314 s 302, 1997 c 291 s 3, 1990 c 250 s 32, & 1987 c 178 s 2;

(24) RCW 46.16.280 (Sale, loss, or destruction of commercial

vehicle--Credit for unused fee--Change in license classification) and

1987 c 244 s 7, 1986 c 18 s 17, 1967 c 32 s 20, & 1961 c 12 s

46.16.280;

(25) RCW 46.16.290 (Disposition of license plates, certificate

on vehicle transfer) and 2004 c 223 s 3, 1997 c 291 s 4, 1986 c 18 s

18, 1983 c 27 s 2, & 1961 c 12 s 46.16.290;

(26) RCW 46.16.295 (Returned plates--Reuse) and 2003 c 359 s

1;

(27) RCW 46.16.305 (Special license plates--Continuance of

earlier issues--Conditions for current issues) and 2008 c 72 s 1;

(28) RCW 46.16.307 (Collectors' vehicles--Use restrictions)

and 1996 c 225 s 11;

(29) RCW 46.16.30901 (Professional firefighters and

paramedics plate) and 2004 c 35 s 1;

(30) RCW 46.16.30902 (Washington State Council of

Firefighters benevolent fund) and 2004 c 35 s 4;

(31) RCW 46.16.30903 (Helping Kids Speak plate) and 2004 c

48 s 1;

(32) RCW 46.16.30904 ("Helping Kids Speak" account) and

2004 c 48 s 4;

(33) RCW 46.16.30905 (Law enforcement memorial plate) and

2004 c 221 s 1;

(34)RCW 46.16.30906 (Law enforcement memorial account)

and 2004 c 221 s 4;

(35) RCW 46.16.30907 (Washington's Wildlife plate

collection) and 2005 c 42 s 1;

(36) RCW 46.16.30908 (Washington's Wildlife license plate

collection--Definition) and 2005 c 42 s 2;

(37) RCW 46.16.30909 (Washington state parks and recreation

commission plate) and 2005 c 44 s 1;

(38) RCW 46.16.30910 (Washington state parks and recreation

commission special license plate--Definition) and 2005 c 44 s 2;

(39) RCW 46.16.30911 ("Washington Lighthouses" plate) and

2005 c 48 s 1;

(40) RCW 46.16.30912 (Lighthouse environmental programs

account) and 2005 c 48 s 4;

(41) RCW 46.16.30913 ("Keep Kids Safe" plate) and 2005 c 53

s 1;

(42) RCW 46.16.30914 ("We love our pets" plate) and 2005 c

71 s 1;

(43) RCW 46.16.30915 (We love our pets account) and 2005 c

71 s 4;

(44) RCW 46.16.30916 (Gonzaga University alumni

association plate) and 2005 c 85 s 1;

(45) RCW 46.16.30917 (Gonzaga University alumni

association account) and 2005 c 85 s 4;

(46) RCW 46.16.30918 ("Washington's National Park Fund"

plate) and 2005 c 177 s 1;

(47) RCW 46.16.30919 ("Washington's National Park Fund"

account) and 2005 c 177 s 4;

(48) RCW 46.16.30920 (Armed forces plate collection) and

2008 c 183 s 1 & 2005 c 216 s 1;

(49) RCW 46.16.30921 (Armed forces license plate collection--

Definition--No free issuance) and 2008 c 183 s 2 & 2005 c 216 s 2;

(50) RCW 46.16.30923 ("Ski & Ride Washington" account)

and 2005 c 220 s 4;

(51) RCW 46.16.30924 (Wild On Washington plate) and 2005

c 224 s 1;

(52) RCW 46.16.30925 (Wild On Washington license plates--

Definition) and 2005 c 224 s 2;

(53) RCW 46.16.30926 (Endangered Wildlife plate) and 2005 c

225 s 1;

(54) RCW 46.16.30927 (Endangered Wildlife license plates--

Definition) and 2005 c 225 s 2;

(55) RCW 46.16.30928 ("Share the Road" plate) and 2005 c

426 s 1;

(56) RCW 46.16.30929 ("Share the Road" account) and 2005 c

426 s 4;

(57) RCW 46.16.313 (Special license plates--Fees) and 2005 c

426 s 3, 2005 c 225 s 3, 2005 c 224 s 3, 2005 c 220 s 3, 2005 c 216 s

3, 2005 c 177 s 3, 2005 c 85 s 3, 2005 c 71 s 3, 2005 c 53 s 3, 2005 c

48 s 3, 2005 c 44 s 3, & 2005 c 42 s 3;

(58) RCW 46.16.316 (Special license plates--Transfer of

vehicle-- Replacement plates) and 2005 c 210 s 2;

(59) RCW 46.16.333 (Cooper Jones emblems) and 2005 c 426 s

5 & 2002 c 264 s 3;

(60) RCW 46.16.335 (Special license plates and

emblems--Rules) and 1990 c 250 s 10;

(61) RCW 46.16.340 (Amateur radio operator

plates--Information furnished to various agencies) and 1995 c 391 s

8, 1986 c 266 s 49, 1985 c 7 s 112, 1974 ex.s. c 171 s 43, 1967 c 32 s

23, & 1961 c 12 s 46.16.340;

(62) RCW 46.16.350 (Amateur radio operator

plates--Expiration or revocation of radio license--Penalty) and 1997

c 291 s 11, 1990 c 250 s 11, 1979 ex.s. c 136 s 49, 1967 c 32 s 24, &

1961 c 12 s 46.16.350;

(63) RCW 46.16.371 (Special plates for honorary consul,

foreign government representative) and 1987 c 237 s 1;

(64) RCW 46.16.374 (Taipei Economic and Cultural

Office--Special plates) and 2001 c 64 s 5 & 1996 c 139 s 1;

(65) RCW 46.16.376 (Taipei Economic and Cultural

Office--Fee exemption) and 1996 c 139 s 2;

(66) RCW 46.16.381 (Special parking for persons with

disabilities-- Penalties--Enforcement--Definition) and 2007 c 262 s

1, 2007 c 44 s 1, 2006 c 357 s 2, 2005 c 390 s 2, 2004 c 222 s 2, 2003

c 371 s 1, 2002 c 175 s 33, 2001 c 67 s 1, 1999 c 136 s 1, 1998 c 294

s 1, 1995 c 384 s 1, 1994 c 194 s 6, 1993 c 106 s 1, 1992 c 148 s 1,

1991 c 339 s 21, 1990 c 24 s 1, 1986 c 96 s 1, & 1984 c 154 s 2;

(67) RCW 46.16.385 (Versions of special plates for persons

with disabilities) and 2005 c 390 s 3, 2005 c 210 s 3, & 2004 c 222 s

1;

(68) RCW 46.16.470 (Temporary license--Display) and 1967 c

202 s 5;

(69) RCW 46.16.480 (Nonresident members of armed

forces--Exemption from sales, use, or motor vehicle excise

taxes--Extent of exemption) and 1967 c 202 s 6;

(70) RCW 46.16.490 (Nonresident members of armed

forces--Rules and regulations--Proof) and 1979 c 158 s 142 & 1967

c 202 s 7;

(71) RCW 46.16.505 (Campers--License and

plates--Application--Fee) and 1975 1st ex.s. c 118 s 11, 1975 c 41 s

1, & 1971 ex.s. c 231 s 7;

(72) RCW 46.16.560 (Personalized license plates--Defined) and

1975 c 59 s 1 & 1973 1st ex.s. c 200 s 2;

(73) RCW 46.16.565 (Personalized license plates--Application)

and 1985 c 173 s 1, 1983 c 27 s 4, 1975 c 59 s 2, & 1973 1st ex.s. c

200 s 3;

(74) RCW 46.16.570 (Personalized license plates--Design) and

2005 c 210 s 4, 1986 c 108 s 1, 1983 1st ex.s. c 24 s 1, 1975 c 59 s 3,

& 1973 1st ex.s. c 200 s 4;

(75) RCW 46.16.575 (Personalized license plates--Issuance to

registered owner only) and 1973 1st ex.s. c 200 s 5;

(76) RCW 46.16.580 (Personalized license plates--Application

requirements) and 1973 1st ex.s. c 200 s 6;


(77) RCW 46.16.585 (Personalized license

plates--Fees--Renewal-- Penalty) and 1979 ex.s. c 136 s 51, 1975 c

59 s 4, & 1973 1st ex.s. c 200 s 7;

(78) RCW 46.16.590 (Personalized license plates--Transfer

fees) and 2004 c 223 s 5, 1975 c 59 s 5, & 1973 1st ex.s. c 200 s 8;

(79) RCW 46.16.595 (Personalized license plates--Transfer or

surrender upon sale or release of vehicle--Penalty) and 1979 ex.s. c

136 s 52, 1975 c 59 s 6, & 1973 1st ex.s. c 200 s 9;

(80) RCW 46.16.600 (Personalized license plates--Rules and

regulations) and 2005 c 210 s 5, 1979 c 158 s 143, & 1973 1st ex.s. c

200 s 10;

(81) RCW 46.16.601 (Personalized special plates) and 2005 c

210 s 1;

(82) RCW 46.16.605 (Personalized license plates--Disposition

of fees--Costs) and 1988 c 36 s 27, 1983 1st ex.s. c 24 s 2, 1983 c 3 s

118, 1979 c 158 s 144, & 1973 1st ex.s. c 200 s 11;

(83) RCW 46.16.606 (Personalized license plates--Additional

fee) and 2007 c 246 s 2 & 1991 sp.s. c 7 s 13;

(84) RCW 46.16.630 (Moped registration) and 2002 c 352 s 9,

1997 c 241 s 11, & 1979 ex.s. c 213 s 5;

(85) RCW 46.16.640 (Wheelchair conveyances) and 1983 c

200 s 2;

(86) RCW 46.16.670 (Boat trailers--Fee for freshwater aquatic

weeds account) and 1991 c 302 s 3;

(87) RCW 46.16.680 (Kit vehicles) and 2009 c 284 s 2 & 1996 c

225 s 10;

(88) RCW 46.17.010 (Vehicle weight fee--Motor vehicles,

except motor homes) and 2006 c 337 s 9 & 2005 c 314 s 201; and

(89) RCW 46.17.020 (Vehicle weight fee--Motor homes) and

2005 c 314 s 202.

PART V. FEES

A. FILING AND SERVICE FEES



(1) A person who applies for a vehicle registration or for any

other right to operate a vehicle on the highways of this state shall

pay a three dollar filing fee in addition to any other fees and taxes

required by law.

(2) A person who applies for a certificate of title shall pay a four

dollar filing fee in addition to any other fees and taxes required by

law.

(3) The filing fees established in this section must be distributed






pay a twenty-five cent license plate technology fee in addition to any

other fees and taxes required by law. The license plate technology

fee must be distributed under RCW 46.16.685 (as recodified by this

act).

(2) A vehicle registered under RCW 46.16.070 (as recodified by

this act) or section 527 of this act is not subject to the license plate

technology fee.





pay a fifty cent license service fee in addition to any other fees and

taxes required by law. The license service fee must be distributed

under RCW 46.68.220.

(2) A vehicle registered under RCW 46.16.070 (as recodified by

this act) or section 527 of this act is not subject to the license service

fee.




appointed by the director shall require a person who applies for a

vehicle registration for a vehicle subject to RCW 46.16.216 (as

recodified by this act) to pay a fifteen dollar parking ticket

surcharge. The fifteen dollar surcharge must be distributed under




Before accepting a report of sale filed under RCW 46.12.101(2)

(as recodified by this act), the county auditor or other agent or

subagent appointed by the director shall require the applicant to pay:

(1) The filing fee under section 501(1) of this act, the license

plate technology fee under section 502 of this act, and the license

service fee under section 503 of this act to the county auditor or

other agent; and

(2) The subagent service fee under section 506(2) of this act to

the subagent.



A subagent appointed by the director shall collect a service fee

of:

(1) Ten dollars for changes in a certificate of title, with or

without registration renewal, or for verification of record and

preparation of an affidavit of lost title other than at the time of the

certificate of title application or transfer; and

(2) Four dollars for a registration renewal, issuing a transit

permit, or any other service under this section.



Before accepting a transitional ownership record filed under

RCW 46.12.103 (as recodified by this act), the county auditor or

other agent or subagent appointed by the director shall require the

applicant to pay:

(1) The filing fee under section 501(1) of this act, the license

plate technology fee under section 502 of this act, and the license

service fee under section 503 of this act to the county auditor or

other agent; and

(2) The subagent service fee under section 506(2) of this act to

the subagent.

B. CERTIFICATE OF TITLE FEES



Before accepting an application for a certificate of title as

required in this title, the department, county auditor or other agent,

or subagent appointed by the director shall require the applicant to

pay a five dollar application fee in addition to any other fees and

taxes required by law. The certificate of title application fee must

be distributed under RCW 46.68.020.



(1) Before accepting an application for a certificate of title for a

motor vehicle as required in this title, the department, county auditor

or other agent, or subagent appointed by the director shall require

the applicant to pay a six dollar and fifty cent emergency medical

services fee for the following transactions:

(a) All retail sales or leases of any new or used motor vehicles;

and

(b) Original and transfer certificate of title transactions.

(2) The emergency medical services fee:

(a) Is not considered a violation of RCW 46.70.180(2);

(b) Does not apply to motor vehicles declared a total loss by an

insurer or self-insurer unless an application for certificate of title is



made to the department, county auditor or other agent, or subagent

appointed by the director after the declaration of total loss; and

(c) Must be distributed under section 820 of this act.



Before accepting an application for a transfer of certificate of

title for a new or used manufactured home as required in this title

and chapter 65.20 RCW, the department, county auditor or other

agent, or subagent appointed by the director shall require the

applicant to pay a fifteen dollar fee in addition to any other fees and

taxes required by law. The fifteen dollar fee must be forwarded to

the state treasurer, who shall deposit the fee in the manufactured

housing account created in RCW 59.22.070.



(1) Before accepting an application for a certificate of title for an

original or transfer manufactured home transaction as required in

this title or chapter 65.20 RCW, the department, county auditor or

other agent, or subagent appointed by the director shall require the

applicant to pay a one hundred dollar fee in addition to any other

fees and taxes required by law if the manufactured home:

(a) Is located in a mobile home park;

(b) Is one year old or older;

(c) Is new or ownership changes, excluding changes that

involve adding or deleting spouse or domestic partner coregistered

owners or legal owners; and

(d) Sales price is five thousand dollars or more.

(2) The one hundred dollar fee must be forwarded to the state

treasurer, who shall deposit the fee in the mobile home park

relocation fund created in RCW 59.21.050.

(3) The department and the state treasurer may adopt rules

necessary to carry out this section.



The penalty for a late transfer under RCW 46.12.101(7) (as

recodified by this act) is twenty-five dollars assessed on the

sixteenth day after the date of delivery and two dollars for each

additional day thereafter, but the total penalty must not exceed one

hundred dollars. The penalty must be distributed under RCW

46.68.020.



Before accepting an application for a certificate of title for a

vehicle previously registered in any other state or country, the


the director shall require the applicant to pay a fee of fifteen dollars.

The fifteen dollar fee must be distributed under RCW 46.68.020.



Before accepting an application for a certificate of title, the


the director shall require an applicant to pay a sixty-five dollar

inspection fee if an inspection of the vehicle was completed by the

Washington state patrol. The inspection fee must be distributed




Before accepting an application for a certificate of title, the


the director shall require an applicant to pay a five dollar vehicle

identification number reassignment fee if the Washington state

patrol has reassigned an identification number as authorized under

section 303 of this act. The reassignment fee must be deposited in

the motor vehicle fund created in RCW 46.68.070.

C. LICENSE PLATE FEES



Before accepting an application for a combination trailer license

plate authorized under RCW 46.16.068 (as recodified by this act),


by the director shall require an applicant to pay a thirty-six dollar

license plate fee. The thirty-six dollar license plate fee must be

deposited and distributed under RCW 46.68.035.



State agencies, political subdivisions, Indian tribes, and the

United States government, except foreign governments or

international bodies, shall pay a fee of two dollars for a license plate

or plates for each vehicle when the department assigns license plates

for further assignment by the entity.



(1) In addition to all other fees and taxes required by law, the


the director shall charge:

(a) The following license plate fees for each license plate, unless

the owner or type of vehicle is exempt from payment:

FEE TYPE FEE DISTRIBUTION

Reflectivity $ 2.00 RCW 46.68.070

Replacement $ 10.00 RCW 46.68.070

Replacement,

motorcycle

$ 2.00 RCW 46.68.070

(b) A license plate retention fee, as required under section

422(10)(a)(iii) of this act, of twenty dollars if the owner wishes to

retain the current license plate number upon license plate

replacement, unless the owner or type of vehicle is exempt from

payment. The twenty dollar fee must be deposited in the

multimodal transportation account created in RCW 47.66.070.

(c) A ten dollar license plate transfer fee, as required under

section 422(8)(a) of this act, when transferring standard issue license

plates from one vehicle to another, unless the owner or type of

vehicle is exempt from payment. The ten dollar license plate

transfer fee must be deposited in the motor vehicle fund created in

RCW 46.68.070.

(d) Former prisoner of war license plates, as described in section

619 of this act, may be transferred to a replacement vehicle upon

payment of a five dollar license plate fee, in addition to any other fee

required by law.

(2) The department may, upon request, provide license plates

that have been used and returned to the department to individuals for

nonvehicular use. The department may charge a fee of up to five

dollars per license plate to cover costs or recovery for postage and

handling. The department may waive the fee for license plates used

in educational projects and may, by rule, provide standards for the

fee waiver and restrictions on the number of license plates provided

to any one person. The fee must be deposited in the motor vehicle

fund created in RCW 46.68.070.



Before accepting an application for a replacement license tab,


by the director shall charge a one dollar fee for each pair of tabs or

windshield emblem. The license tab or windshield emblem


replacement fee must be deposited in the motor vehicle fund created

in RCW 46.68.070.



In addition to all fees and taxes required to be paid upon

application for a vehicle registration under chapter 46.16 RCW, the

holder of a personalized license plate shall pay an initial fee of

forty-two dollars and thirty-two dollars for each renewal. The

personalized license plate fee must be distributed as provided in




(1) In addition to all fees and taxes required to be paid upon

application for a vehicle registration in chapter 46.16 RCW, the

holder of a special license plate shall pay the appropriate special

license plate fee as listed in this section.

PLATE TYPE INITIAL

FEE

RENEWAL

FEE

DISTRIBUTED

UNDER

(a) Amateur

radio license

$ 5.00 N/A RCW 46.68.070

(b) Armed

forces

$ 40.00 $ 30.00 Section 810 of

this act

(c) Baseball

stadium

$ 40.00 $ 30.00 Subsection (2) of

this

section

(d) Collector

vehicle

$ 35.00 N/A RCW 46.68.030

(e) Collegiate $ 40.00 $ 30.00 Section 811 of

this act

(f) Endangered

wildlife

$ 40.00 $ 30.00 Section 810 of

this act

(g) Gonzaga

University

alumni

$ 40.00 $ 30.00 Section 809 of

this act

(h) Helping

kids speak

$ 40.00 $ 30.00 Section 809 of

this act

(i) Horseless

carriage

$ 35.00 N/A RCW 46.68.030

(j) Keep kids

safe

$ 45.00 $ 30.00 Section 810 of

this act

(k) Law

enforcement

memorial

$ 40.00 $ 30.00 Section 809 of

this act

(l) Military

affiliate radio

system

$ 5.00 N/A RCW 46.68.070

(m)

Professional

firefighters

and

paramedics

$ 40.00 $ 30.00 Section 809 of

this act

(n) Ride share $ 25.00 N/A RCW 46.68.030

(o) Share the

road

$ 40.00 $ 30.00 Section 809 of

this act

(p) Ski and ride

Washington

$ 40.00 $ 30.00 Section 809 of

this act

(q) Square

dancer

$ 40.00 N/A RCW 46.68.070

(r) Washington

lighthouses

$ 40.00 $ 30.00 Section 809 of

this act

(s) Washington

state parks

$ 40.00 $ 30.00 Section 810 of

this act

(t)

Washington's

$ 40.00 $ 30.00 Section 809 of

this act

national

parks

(u)

Washington's

wildlife

collection

$ 40.00 $ 30.00 Section 810 of

this act

(v) We love our

pets

$ 40.00 $ 30.00 Section 809 of

this act

(w) Wild on

Washington

$ 40.00 $ 30.00 Section 810 of

this act

(2) After deducting administration and collection expenses for

the sale of baseball stadium license plates, the remaining proceeds

must be distributed to a county for the purpose of paying the

principal and interest payments on bonds issued by the county to

construct a baseball stadium, as defined in RCW 82.14.0485,

including reasonably necessary preconstruction costs, while the

taxes are being collected under RCW 82.14.360. After this date,

the state treasurer shall credit the funds to the state general fund.

D. VEHICLE LICENSE FEES



Before accepting an application for a vehicle registration for a

boat trailer, the department, county auditor or other agent, or

subagent appointed by the director shall require the applicant to pay

a three dollar aquatic weed fee in addition to any other fees and taxes

required by law. The three dollar fee must be deposited in the

freshwater aquatic weeds account created in RCW 43.21A.650.



Before accepting an application for a change of class as required

under section 422(6) of this act, the department, county auditor or

other agent, or subagent appointed by the director shall require the

applicant to pay a one dollar fee. The one dollar fee must be

deposited in the motor vehicle fund created in RCW 46.68.070.



(1) Before accepting an application for a motor vehicle base

plated in the state of Washington that is subject to highway

inspections and compliance reviews under RCW 46.32.080 or the

international registration plan if base plated in a foreign jurisdiction,


by the director shall require the applicant to pay a sixteen dollar

commercial vehicle safety enforcement fee in addition to any other

fees and taxes required by law. The sixteen dollar fee:

(a) Must be apportioned for those vehicles operating interstate

and registered under the international registration plan;

(b) Does not apply to trailers; and

(c) Is not refundable when the motor vehicle is no longer subject

to RCW 46.32.080.

(2) The department may deduct an amount equal to the cost of

administering the program. All remaining fees must be deposited

with the state treasurer and credited to the state patrol highway

account of the motor vehicle fund created in RCW 46.68.070.



Before accepting an application for a duplicate registration as

required under RCW 46.16.265 (as recodified by this act), the


the director shall require the applicant to pay a one dollar and

twenty- five cent fee in addition to any other fees and taxes required

by law. The one dollar and twenty-five cent fee must be deposited

in the motor vehicle fund created in RCW 46.68.070.





Before accepting an application for a farm exempt decal as

required under RCW 46.16.025 (as recodified by this act), the


the director shall require the applicant to pay a five dollar fee in

addition to any other fees and taxes required by law. The five

dollar fee must be deposited in the motor vehicle fund created in

RCW 46.68.070.



(1) In lieu of the vehicle license fee required under section 531

of this act and before accepting an application for a vehicle

registration for farm vehicles described in RCW 46.16.090 (as

recodified by this act), the department, county auditor or other agent,

or subagent appointed by the director shall require the applicant,

unless specifically exempt, to pay the following farm vehicle

reduced gross weight license fee by weight:


4,000 pounds $24.50 $24.50

6,000 pounds $24.50 $24.50

8,000 pounds $24.50 $24.50

10,000 pounds $40.50 $40.50

12,000 pounds $49.00 $49.00

14,000 pounds $54.50 $54.50

16,000 pounds $60.50 $60.50

18,000 pounds $86.50 $86.50

20,000 pounds $95.00 $95.00

22,000 pounds $102.00 $102.00

24,000 pounds $109.50 $109.50

26,000 pounds $115.00 $115.00

28,000 pounds $134.00 $134.00

30,000 pounds $153.00 $153.00

32,000 pounds $182.50 $182.50

34,000 pounds $193.50 $193.50

36,000 pounds $209.00 $209.00

38,000 pounds $228.50 $228.50

40,000 pounds $260.00 $260.00

42,000 pounds $270.00 $315.00

44,000 pounds $275.50 $320.50

46,000 pounds $295.50 $340.50

48,000 pounds $307.50 $352.50

50,000 pounds $333.00 $378.00

52,000 pounds $349.50 $394.50

54,000 pounds $376.50 $421.50

56,000 pounds $397.00 $442.00

58,000 pounds $412.50 $457.50

60,000 pounds $439.00 $484.00

62,000 pounds $470.00 $515.00

64,000 pounds $480.00 $525.00

66,000 pounds $533.50 $578.50

68,000 pounds $556.00 $601.00

70,000 pounds $598.00 $643.00

72,000 pounds $639.00 $684.00

74,000 pounds $693.50 $738.50

76,000 pounds $748.50 $793.50

78,000 pounds $816.50 $861.50

80,000 pounds $880.50 $925.50

82,000 pounds $941.00 $986.00

84,000 pounds $1,001.00 $1,046.00

86,000 pounds $1,061.50 $1,106.50

88,000 pounds $1,122.00 $1,167.00

90,000 pounds $1,182.50 $1,127.50

92,000 pounds $1,242.50 $1,287.50

94,000 pounds $1,303.00 $1,348.00

96,000 pounds $1,363.50 $1,408.50

98,000 pounds $1,424.00 $1,469.00

100,00 pounds $1,484.00 $,1529.00

102,000 pounds $1,544.50 $1,589.50

104,000 pounds $1,605.00 $1,650.00

105,500 pounds $1,665.50 $1,710.50

(2) Schedule A applies to vehicles either used exclusively for



(3) If the resultant gross weight is not listed in the table provided

in subsection (1) of this section, it must be increased to the next

higher weight.


(4) The farm vehicle reduced gross weight license fees provided

in subsection (1) of this section are in addition to the filing fee

required under section 501 of this act and any other fee or tax

required by law.

(5) The farm vehicle reduced gross weight license fee as

provided in subsection (1) of this section must be distributed under

RCW 46.68.030.



Before accepting an application for a fixed load motor vehicle

registration, the department, county auditor or other agent, or

subagent appointed by the director shall require an applicant to pay:

(1) The license fee based on declared gross weight as provided

in section 530 of this act. The declared gross weight must be equal

to the scale weight of the motor vehicle, rounded up to the next

higher amount in the schedule provided in section 530 of this act, up

to the legal limit provided in chapter 46.44 RCW; or

(2) A twenty-five dollar capacity fee if the vehicle is equipped

for lifting or towing any abandoned, disabled, or impounded vehicle

or parts of vehicles. The twenty-five dollar capacity fee is in lieu of

the license fee based on declared gross weight as provided in section

530 of this act and must be deposited under RCW 46.68.030.



(1) Before accepting an application for a vehicle registration for

a for hire vehicle or auto stage with a seating capacity of six or less,


by the director shall require the applicant to pay a fifteen dollar

seating capacity fee. The seating capacity fee must be deposited in

the motor vehicle fund created in RCW 46.68.070.

(2) The for hire vehicle and auto stage seating capacity fee

imposed in subsection (1) of this section does not apply to taxicabs.



(1) In lieu of the vehicle license fee required under section 531

of this act and before accepting an application for a vehicle

registration for motor vehicles described in RCW 46.16.070 (as

recodified by this act), the department, county auditor or other agent,

or subagent appointed by the director shall require the applicant,

unless specifically exempt, to pay the following license fee by

weight:


4,000 pounds $ 38.00 $ 38.00

6,000 pounds $ 48.00 $ 48.00

8,000 pounds $ 58.00 $ 58.00

10,000 pounds $ 60.00 $ 60.00

12,000 pounds $ 77.00 $ 77.00

14,000 pounds $ 88.00 $ 88.00

16,000 pounds $ 100.00 $ 100.00

18,000 pounds $ 152.00 $ 152.00

20,000 pounds $ 169.00 $ 169.00

22,000 pounds $ 183.00 $ 183.00

24,000 pounds $ 198.00 $ 198.00

26,000 pounds $ 209.00 $ 209.00

28,000 pounds $ 247.00 $ 247.00

30,000 pounds $ 285.00 $ 285.00

32,000 pounds $ 344.00 $ 344.00

34,000 pounds $ 366.00 $ 366.00

36,000 pounds $ 397.00 $ 397.00

40,000 pounds $ 499.00 $ 499.00

42,000 pounds $ 519.00 $ 609.00

44,000 pounds $ 530.00 $ 620.00

46,000 pounds $ 570.00 $ 660.00

48,000 pounds $ 594.00 $ 684.00

50,000 pounds $ 645.00 $ 735.00

52,000 pounds $ 678.00 $ 768.00

54,000 pounds $ 732.00 $ 822.00

56,000 pounds $ 773.00 $ 863.00

58,000 pounds $ 804.00 $ 894.00

60,000 pounds $ 857.00 $ 947.00

62,000 pounds $ 919.00 $ 1,009.00

64,000 pounds $ 939.00 $ 1, 029.00

66,000 pounds $ 1,046.00 $ 1,136.00

68,000 pounds $ 1,091.00 $ 1,181.00

70,000 pounds $ 1,175.00 $ 1,265.00

72,000 pounds $ 1,257.00 $ 1,347.00

74,000 pounds $ 1,366.00 $ 1,456.00

76,000 pounds $ 1,476.00 $ 1,566.00

78,000 pounds $ 1,612.00 $ 1,702.00

80,000 pounds $ 1,740.00 $ 1,830.00

82,000 pounds $ 1,861.00 $ 1,951.00

84,000 pounds $ 1,981.00 $ 2,071.00

86,000 pounds $ 2,102.00 $ 2,192.00

88,000 pounds $ 2,223.00 $ 2,313.00

90,000 pounds $ 2,344.00 $ 2,434.00

92,000 pounds $ 2,464.00 $ 2,554.00



94,000 pounds $ 2,585.00 $ 2,675.00

96,000 pounds $ 2,706.00 $ 2,796.00

98,000 pounds $ 2,827.00 $ 2,917.00

100,000 pounds $ 2,947.00 $ 3,037.00

102,000 pounds $ 3,068.00 $ 3,158.00

104,000 pounds $ 3,189.00 $ 3,279.00

105, 500 pounds $ 3,310.00 $ 3,400.00

(2) Schedule A applies to vehicles either used exclusively for



(3) If the resultant gross weight is not listed in the table provided

in subsection (1) of this section, it must be increased to the next

higher weight.

(4) The license fees provided in subsection (1) of this section are

in addition to the filing fee required under section 501 of this act and

any other fee or tax required by law.

(5) The license fee based on declared gross weight as provided

in subsection (1) of this section must be distributed under RCW

46.68.035.



(1) Before accepting an application for a vehicle registration, the


the director shall require the applicant, unless specifically exempt, to

pay the following vehicle license fee by vehicle type:

VEHICLE

TYPE

INITIAL

FEE

RENEWAL

FEE

DISTRIBUTED

UNDER

(a) Auto stage,

six seats or

less

$ 30.00 $ 30.00 RCW 46.68.030

(b) Camper $ 4.90 $ 3.50 RCW 46.68.030

(c)

Commercial

trailer

$ 34.00 $ 30.00 RCW 46.68.035

(d) For hire

vehicle, six

seats

or less

$ 30.00 $ 30.00 RCW 46.68.030

(e) Mobile

home (if

registered)

$ 30.00 $ 30.00 RCW 46.68.030

(f) Moped $ 30.00 $ 30.00 RCW 46.68.030

(g) Motor

home

$ 30.00 $ 30.00 RCW 46.68.030

(h) Motorcycle $ 30.00 $ 30.00 RCW 46.68.030

(i) Off-road

vehicle

$ 18.00 $ 18.00 Section 822 of

this act

(j) Passenger

car

$ 30.00 $ 30.00 RCW 46.68.030

(k) Private use

single-axle

trailer

$ 15.00 $ 15.00 RCW

46.68.035(2)

(l)

Snowmobile

$ 30.00 $ 30.00 Section 823 of

this act

(m)

Snowmobile,

vintage

$ 12.00 $ 12.00 Section 823 of

this act

(n) Sport

utility vehicle

$ 30.00 $ 30.00 RCW 46.68.030

(o) Tow truck $ 30.00 $ 30.00 RCW 46.68.030

(p) Trailer,

over 2000

pounds

$ 30.00 $ 30.00 RCW 46.68.030

(q) Travel

trailer

$ 30.00 $ 30.00 RCW 46.68.030

(2) The vehicle license fee required in subsection (1) of this

section is in addition to the filing fee required under section 501 of

this act, and any other fee or tax required by law.



A person applying for a monthly declared gross weight license

as authorized in RCW 46.16.070 (as recodified by this act) shall pay

an additional two dollars for each month of the declared gross

weight license, plus an additional two dollars. These two dollar

fees must be deposited in the motor vehicle fund created in RCW

46.68.070.



(1) A person applying for a motor vehicle registration and

paying the vehicle license fee required in section 531(1)(a), (d), (e),

(h), (j), (n), and (o) of this act shall pay a motor vehicle weight fee in

addition to all other fees and taxes required by law. The motor

vehicle weight fee:

(a) Must be based on the motor vehicle scale weight;

(b) Is the difference determined by subtracting the vehicle

license fee required in section 531 of this act from the license fee in

Schedule B of section 530 of this act, plus two dollars; and

(c) Must be distributed under section 813 of this act.

(2) A person applying for a motor home vehicle registration

shall, in lieu of the motor vehicle weight fee required in subsection

(1) of this section, pay a motor home vehicle weight fee of

seventy-five dollars in addition to all other fees and taxes required

by law. The motor home vehicle weight fee must be distributed



(a) Rely on motor vehicle empty scale weights provided by

vehicle manufacturers, or other sources defined by the department,

to determine the weight of each motor vehicle; and

(b) Adopt rules for determining weight for vehicles without

manufacturer empty scale weights.



(1) Before accepting an application for registration for a

recreational vehicle, the department, county auditor or other agent,

or subagent appointed by the director shall require an applicant to

pay a three dollar fee in addition to any other fees and taxes required

by law. The recreational vehicle sanitary disposal fee must be

deposited in the RV account created in RCW 46.68.170.

(2) For the purposes of this section, "recreational vehicle"

means a camper, motor home, or travel trailer.

E. PERMIT AND TRANSFER FEES



(1) Before accepting an application for one of the following

permits, the department, county auditor or other agent, or subagent

appointed by the director shall require the applicant to pay the


following permit fee by permit type in addition to any other fee or

tax required by law:

PERMIT

TYPE

FEE AUTHORITY DISTRIBUTION

(a) Dealer

temporary

$15.00 RCW

46.16.045 (as

recodified by

this act)

RCW 46.68.030

(b)

Department

temporary

$.50 RCW

46.16.047 (as

recodified by

this act)

Section 814 of this

act

(c) Farm

vehicle trip

$6.25 RCW

46.16.162 (as

recodified by

this act)

RCW 46.68.035

(d)

Nonresident

military

$10.00 RCW

46.16.460 (as

recodified by

this act)

RCW 46.68.070

(e)

Nonresident

temporary

snowmobile

$5.00 Section 229 of

this act

Section 823 of this

act

(f) Special fuel

trip

$25.00 RCW

82.38.100

Section 817 of this

act

(g) Temporary

ORV use

$7.00 Section 219 of

this act

Section 822 of this

act

(h) Vehicle

trip

$25.00 RCW

46.16.160 (as

recodified by

this act)

Section 815 of this

act

(2) Permit fees as provided in subsection (1) of this section are

in addition to the filing fee required under section 501 of this act,

except an additional filing fee may not be charged for:

(a) Dealer temporary permits;

(b) Special fuel trip permits; and

(c) Vehicle trip permits.

(3) Five dollars of the fifteen dollar dealer temporary permit fee

provided in subsection (1)(a) of this section must be credited to the

payment of vehicle license fees at the time application for

registration is made. The remainder must be deposited to the state

patrol highway account created in RCW 46.68.030.

(4) A surcharge of five dollars must be collected when issuing a

special fuel trip permit or vehicle trip permit as provided in

subsection (1) of this section and must be distributed as follows:

(a) Under section 817 of this act for special fuel trip permits; and

(b) Under section 815 of this act for vehicle trip permits.



Before accepting an application for a transfer of an off-road

vehicle registration as required under RCW 46.09.070 (as recodified

by this act), the department, county auditor or other agent, or

subagent appointed by the director shall require the applicant to pay

a five dollar off-road vehicle registration transfer fee. The five

dollar off-road vehicle registration transfer fee must be distributed




Before accepting an application for a transfer of a snowmobile

registration as required under RCW 46.10.040 (as recodified by this

act), the department, county auditor or other agent, or subagent

appointed by the director shall require the applicant to pay a five

dollar snowmobile registration transfer fee. The five dollar

snowmobile registration transfer fee must be distributed under

RCW 46.10.075 (as recodified by this act).

PART VI. SPECIAL LICENSE PLATES

A. REVIEW BOARD



The legislature has seen an increase in the demand from

constituent groups seeking recognition and funding through the

establishment of commemorative or special license plates. The

high cost of implementing a new special license plate series coupled

with the uncertainty of the state's ability to recoup its costs((,)) has

led the legislature to delay the implementation of new special

license plates. In order to address these issues, it is the intent of the

legislature to create a mechanism that will allow for the evaluation

of special license plate requests and establish a funding policy that

will alleviate the financial burden currently placed on the state.

Using these two strategies, the legislature will be better equipped to

efficiently process special license plate legislation.



(1) The special license plate review board is created.

(2) The board will consist of seven members: One member

appointed by the governor ((and)) who will serve as chair of the

board; four members of the legislature, one from each caucus of the

house of representatives and the senate; a department of licensing

representative appointed by the director; and a Washington state

patrol representative appointed by the chief.

(3) Members shall serve terms of four years, except that four of

the members initially appointed will be appointed for terms of two

years. ((No)) A member may not be appointed for more than three

consecutive terms.

(4) The respective appointing authority may remove members

from the board before the expiration of their terms only for cause

based upon a determination of incapacity, incompetence, neglect of

duty, or malfeasance in office as ordered by the Thurston county

superior court, upon petition and show cause proceedings brought

for that purpose in that court and directed to the board member in

question.



(1) The board shall meet periodically at the call of the chair, but

must meet at least ((one time)) once each year within ninety days

before an upcoming regular session of the legislature. The board

may adopt its own rules and may establish its own procedures. It

shall act collectively in harmony with recorded resolutions or

motions adopted by a majority vote of the members, and it must

have a quorum present to take a vote on a special license plate

application.

(2) The board will be compensated from the general

appropriation for the department ((of licensing)) in accordance with

RCW 43.03.250. Each board member will be compensated in

accordance with RCW 43.03.250 and reimbursed for actual

necessary traveling and other expenses in going to, attending, and

returning from meetings of the board or that are incurred in the

discharge of duties requested by the chair. However, ((in no event

may)) a board member may not be compensated in any year for

more than one hundred twenty days, except the chair may be

compensated for not more than one hundred fifty days. Service on

the board does not qualify as a service credit for the purposes of a

public retirement system.

(3) The board shall keep proper records and is subject to audit

by the state auditor or other auditing entities.

(4) The department ((of licensing)) shall provide administrative

support to the board, which must include at least the following:



(a) Provide general staffing to meet the administrative needs of

the board;

(b) Report to the board on the reimbursement status of any new

special license plate series for which the state had to pay the start- up

costs;

(c) Process special license plate applications and confirm that

the sponsoring organization has submitted all required

documentation. If an incomplete application is received, the

department must return it to the sponsoring organization; and

(d) Compile the annual financial reports submitted by

sponsoring organizations with active special license plate series and

present those reports to the board for review and approval.



(1) The creation of the board does not in any way preclude the

authority of the legislature to independently propose and enact

special license plate legislation.

(2) The board must review and either approve or reject special

license plate applications submitted by sponsoring organizations.

(3) Duties of the board include but are not limited to the

following:

(a) Review and approve the annual financial reports submitted

by sponsoring organizations with active special license plate series

and present those annual financial reports to the senate and house

transportation committees;

(b) Report annually to the senate and house of representatives

transportation committees on the special license plate applications

that were considered by the board;

(c) Issue approval and rejection notification letters to sponsoring

organizations, the department, the chairs of the senate and house of

representatives transportation committees, and the legislative

sponsors identified in each application. The letters must be issued

within seven days of making a determination on the status of an

application;

(d) Review annually the number of plates sold for each special

license plate series created after January 1, 2003. The board may

submit a recommendation to discontinue a special plate series to the

chairs of the senate and house of representatives transportation

committees; and

(e) Provide policy guidance and directions to the department

concerning the adoption of rules necessary to limit the number of

special license plates ((that)) for which an organization or a

governmental entity may apply ((for)).

(4) Except as provided in ((chapter 72, Laws of 2008)) section

621 of this act, in order to assess the effects and impact of the

proliferation of special license plates, the legislature declares a

temporary moratorium on the issuance of any additional plates until

July 1, 2011. During this period of time, the special license plate

review board created in RCW 46.16.705 (as recodified by this act)

and the department ((of licensing)) are prohibited from accepting,

reviewing, processing, or approving any applications.

Additionally, ((no)) a special license plate may not be enacted by the

legislature during the moratorium, unless the proposed license plate

has been approved by the board before February 15, 2005.

B. REQUIREMENTS AND PROCEDURES



(1) For an organization to qualify for a special license plate

under the special license plate approval program created in ((RCW

46.16.705 through 46.16.765)) this chapter, the sponsoring

organization must submit documentation in conjunction with the

application to the department that verifies((:

(a))) that the organization is:

(a) A nonprofit organization, as defined in 26 U.S.C. Sec.

501(c)(3). The department may request a copy of an Internal

Revenue Service ruling to verify an organization's nonprofit status;

and

(b) ((That the organization is)) Located in Washington state and

has registered as a charitable organization with the secretary of

state's office as required by law.

(2) For a governmental body to qualify for a special license

plate under the special license plate approval program created in

((RCW 46.16.705 through 46.16.765)) this chapter, a governmental

body must be:

(a) A political subdivision((,)) including, but not limited to, any

county, city, town, municipal corporation, or special purpose taxing

district that has the express permission of the political subdivision's

executive body to sponsor a special license plate;

(b) A federally recognized tribal government that has received

the approval of the executive body of that government to sponsor a

special license plate;

(c) A state agency that has received approval from the director

of the agency or the department head; or

(d) A community or technical college that has the express

permission of the college's board of trustees to sponsor a special

license plate.



(1) A sponsoring organization meeting the requirements of

RCW 46.16.735 (as recodified by this act), applying for the creation

of a special license plate to the special license plate review board

must, on an application supplied by the department, provide the

minimum application requirements in subsection (2) of this section.

(2) The sponsoring organization shall:

(a) Submit prepayment of all start-up costs associated with the

creation and implementation of the special license plate in an

amount determined by the department. The department shall place

this money into the special license plate applicant trust account

created under ((RCW 46.16.755(4))) section 808 of this act;

(b) Provide a proposed license plate design;

(c) Provide a marketing strategy outlining short and long-term

marketing plans for each special license plate and a financial

analysis outlining the anticipated revenue and the planned

expenditures of the revenues derived from the sale of the special

license plate;

(d) Provide a signature of a legislative sponsor and proposed

legislation creating the special license plate;

(e) Provide proof of organizational qualifications as determined

by the department as provided for in RCW 46.16.735 (as recodified

by this act);

(f) Provide signature sheets that include signatures from

individuals who intend to purchase the special license plate and the

number of plates each individual intends to purchase. The sheets

must reflect a minimum of three thousand five hundred intended

purchases of the special license plate.

(3) After an application is approved by the special license plate

review board, the application need not be reviewed again by the

board for a period of three years.



(1)(((a))) Revenues generated from the sale of special license

plates for those sponsoring organizations who used the application

process in RCW 46.16.745(((3))) (as recodified by this act) must be

deposited into the motor vehicle ((account)) fund created in RCW

46.68.070 until the department determines that the state's

implementation costs have been fully reimbursed. ((The

department shall apply the application fee required under RCW

46.16.745(3)(a) towards those costs.


(b))) (2) When it is determined that the state has been fully

reimbursed the department must notify the house of representatives

and senate transportation committees, the sponsoring organization,

and the state treasurer, and ((commence the distribution of)) begin

distributing the revenue as otherwise provided by law.

(((2))) (3) If reimbursement does not occur within two years

from the date the special license plate is first offered for sale to the

public, the special license plate series must be placed in

probationary status for a period of one year from that date. If the

state is still not fully reimbursed for its implementation costs after

the one-year probation, the special license plate series must be

discontinued immediately. Special license plates issued before

discontinuation are valid until replaced under ((RCW 46.16.233))

section 422(10) of this act.

(((3))) (4) The special license plate applicant trust account is

created in the custody of the state treasurer. All receipts from

special license plate applicants((, except the application fee as

provided in RCW 46.16.745(3),)) must be deposited into the

account. Only the director of the department or the director's

designee may authorize disbursements from the account. The

account is not subject to the allotment procedures under chapter

43.88 RCW, nor is an appropriation required for disbursements.

(((4))) (5) The department shall:

(a) Provide the special license plate applicant with a written

receipt for the payment((.

(5) The department shall)); and

(b) Maintain a record of each special license plate applicant trust

account deposit((,)) including, but not limited to, the name and

address of each special license plate applicant whose funds are being

deposited, the amount paid, and the date of the deposit.

(6) After the department receives written notice that the special

license plate applicant's application has been((:

(a))) approved by the legislature, the director shall request that

the money be transferred to the motor vehicle ((account;

(b))) fund created in RCW 46.68.070.


license plate applicant's application has been denied by the special

license plate review board or the legislature, the director shall

provide a refund to the applicant within thirty days((; or

(c))).


license plate applicant's application has been withdrawn by the

special license plate applicant, the director shall provide a refund to

the applicant within thirty days.



(1) Within thirty days of legislative enactment of a new special

license plate series for a qualifying organization meeting the

requirements of RCW 46.16.735(1) (as recodified by this act), the

department shall enter into a written agreement with the

organization that sponsored the special license plate. The

agreement must identify the services to be performed by the

sponsoring organization. The agreement must be consistent with

all applicable state law and include the following provision:

"No portion of any funds disbursed under the agreement may be

used, directly or indirectly, for any of the following purposes:

(a) Attempting to influence: (i) The passage or defeat of

legislation by the legislature of the state of Washington, by a county,

city, town, or other political subdivision of the state of Washington,

or by the Congress; or (ii) the adoption or rejection of a rule,

standard, rate, or other legislative enactment of a state agency;

(b) Making contributions reportable under chapter 42.17 RCW;

or

(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel, lodging,

meals, or entertainment to a public officer or employee."

(2) The sponsoring organization must submit an annual

financial report by September 30th of each year to the department

detailing actual revenues and expenditures of the revenues received

from sales of the special license plate. Consistent with the

agreement under subsection (1) of this section, the sponsoring

organization must expend the revenues generated from the sale of

the special license plate series for the benefit of the public, and it

must be spent within this state. Disbursement of the revenue

generated from the sale of the special license plate to the sponsoring

organization is contingent upon the organization meeting all

reporting and review requirements as required by the department.

(3) If the sponsoring organization ceases to exist or the purpose

of the special license plate series ceases to exist, revenues generated

from the sale of the special license plates must be deposited into the

motor vehicle ((account)) fund created in RCW 46.68.070.

(4) A sponsoring organization may not seek to redesign its

special license plate series until ((all of)) the entire inventory is sold

or purchased by the organization itself. All costs for the redesign of

a special license plate series must be paid by the sponsoring

organization.



(1) A special license plate series created by the legislature after

January 1, 2004, that has not been reviewed and approved by the

special license plate review board is subject to the following

requirements:

(a) The organization sponsoring the license plate series shall,

within thirty days of enactment of the legislation creating the special

license plate series, submit prepayment of all start-up costs

associated with the creation and implementation of the special

license plate in an amount determined by the department. The

prepayment will be credited to the motor vehicle fund created in

RCW 46.68.070. The creation and implementation of the special

license plate series may not ((commence)) begin until payment is

received by the department.

(b) If the sponsoring organization is not able to meet the

prepayment requirements in (a) of this subsection and can

demonstrate this fact to the satisfaction of the department, the

revenues generated from the sale of the special license plates must

be deposited in the motor vehicle ((account)) fund created in RCW

46.68.070 until the department determines that the state's portion of

the implementation costs have been fully reimbursed. When it

((is)) has determined that the state has been fully reimbursed, the

department must notify the treasurer to commence distribution of

the revenue according to statutory provisions.

(c) The sponsoring organization must provide a proposed

special license plate design to the department within thirty days of

enactment of the legislation creating the special license plate series.

(2) The state must be reimbursed for its portion of the

implementation costs within two years from the date the new special

license plate series goes on sale to the public. If the reimbursement

does not occur within the two-year time frame, the special license

plate series must be placed in probationary status for a period of one

year from that date. If the state is still not fully reimbursed for its

implementation costs after the one-year probation, the special

license plate series must be discontinued immediately. Those

special license plates issued before discontinuation are valid until

replaced under ((RCW 46.16.233)) section 422(10) of this act.

(3) If the sponsoring organization ceases to exist or the purpose

of the special license plate series ceases to exist, revenues generated

from the sale of the special license plates must be deposited into the

motor vehicle ((account)) fund created in RCW 46.68.070.

(4) A sponsoring organization may not seek to redesign ((their))

its special license plate series until ((all of)) the entire existing

inventory is sold or purchased by the organization itself. All costs



for the redesign of a special license plate series must be paid by the

sponsoring organization.



The department shall offer special license plate design services

to organizations that are sponsoring a new special license plate

series ((or are)) and organizations seeking to redesign the

appearance of an existing special license plate series that they

sponsored. In providing this service, the department must work

with the requesting organization in determining the specific qualities

of the new special license plate design and must provide full design

services to the organization. The department shall collect from the

requesting organization a fee of two hundred dollars for providing

special license plate design services. This fee includes one original

special license plate design and up to five additional renditions of

the original design. If the organization requests the department to

provide further renditions, in addition to the five renditions provided

for under the original fee, the department shall collect an additional

fee of one hundred dollars per rendition. All revenue collected

under this section must be deposited into the multimodal

transportation account created in RCW 47.66.070.

C. PLATE TYPES, DECALS, AND EMBLEMS

NEW SECTION. Sec. 611. (1) The legislature recognizes

that the special license plate review board established in RCW

46.16.705 (as recodified by this act) reviews and approves

applications for special license plate series.

(2) Special license plate series reviewed and approved by the

special license plate review board:

(a) May be issued in lieu of standard issue or personalized

license plates for vehicles required to display one and two license

plates unless otherwise specified;

(b) Must be issued under terms and conditions established by

the department;

(c) Must not be issued for vehicles registered under chapter

46.87 RCW; and

(d) Must display a symbol or artwork approved by the special

license plate review board.

(3) The special license plate review board approves, and the

department shall issue, the following special license plates:

LICENSE PLATE DESCRIPTION, SYMBOL, OR

ARTWORK

Armed forces collection Recognizes the contribution of

veterans, active duty

military personnel, reservists,

and members of the national

guard, and includes six separate

designs, each containing a

symbol representing a different

branch of the armed forces

to include army, navy, air force,

marine corps, coast guard,

and national guard.

Endangered wildlife Displays a symbol or artwork,

approved by the special

license plate review board and

the legislature.

Gonzaga University alumni Recognizes the Gonzaga

University alumni association.

Helping kids speak Recognizes an organization that

supports programs that

provide no-cost speech

pathology programs to children.

Keep kids safe Recognizes efforts to prevent

child abuse and neglect.

Law enforcement memorial Honors law enforcement officers

in Washington killed in

the line of duty.

Professional firefighters and

paramedics

Recognizes professional

firefighters and paramedics who

are members of the Washington

state council of

firefighters.

Share the road Recognizes an organization that

promotes bicycle safety

and awareness education.

Ski & ride Washington Recognizes the Washington

snowsports industry.

Washington lighthouses Recognizes an organization that

supports selected

Washington state lighthouses and

provides environmental

education programs.

Washington state parks Recognizes Washington state

parks as premier destinations

of uncommon quality that

preserve significant natural,

cultural, historical, and

recreational resources.

Washington's national park

fund

Builds awareness of

Washington's national parks and

supports priority park programs

and projects in

Washington's national parks,

such as enhancing visitor

experience, promoting

volunteerism, engaging

communities, and providing

educational opportunities

related to Washington's national

parks.

Washington's wildlife

collection

Recognizes Washington's

wildlife.

We love our pets Recognizes an organization that

assists local member

agencies of the federation of

animal welfare and control

agencies to promote and perform

spay/neuter surgery on

Washington state pets to reduce

pet overpopulation.

Wild on Washington Symbolizes wildlife viewing in

Washington state.

(4) Applicants for initial and renewal professional firefighters

and paramedics special license plates must show proof eligibility by

providing a certificate of current membership from the Washington

state council of firefighters.

NEW SECTION. Sec. 612. (1) A registered owner may

apply to the department for special armed forces license plates for

motor vehicles representing the following:

(a) Air force;

(b) Army;

(c) Coast guard;

(d) Marine corps;

(e) National guard; or

(f) Navy.

(2) Armed forces license plates may be purchased by:


(a) Active duty military personnel;

(b) Families of veterans and service members;

(c) Members of the national guard;

(d) Reservists; or

(e) Veterans, as defined in RCW 41.04.007.

(3) A person who applies for special armed forces license plates

shall provide:

(a) DD-214 or discharge papers if the applicant is a veteran;

(b) A military identification card or retired military

identification card; or

(c) A declaration of fact attesting to the applicant's eligibility as

required under this section.

(4) For the purposes of this section:

(a) "Child" includes stepchild, adopted child, foster child,

grandchild, or son or daughter-in-law.

(b) "Family" or "families" includes an individual's spouse, child,

parent, sibling, aunt, uncle, or cousin.

(c) "Parent" includes stepparent, grandparent, or in-laws.

(d) "Sibling" includes brother, half brother, stepbrother, sister,

half sister, stepsister, or brother or sister-in-law.

(5) Armed forces license plates are not free of charge to disabled

veterans, former prisoners of war, or spouses or domestic partners of

deceased former prisoners of war under section 619 of this act.

NEW SECTION. Sec. 613. (1) The department must make

available, upon request by a purchaser of special armed forces

license plates, at no additional cost, a decal indicating the

purchaser's military status. The list of available decals must

include, but is not limited to:

(a) Active duty;

(b) Disabled veteran;

(c) Reservist;

(d) Retiree;

(e) Veteran; or

(f) Other decals established in cooperation with the department

of veterans affairs.

(2) Armed forces decals must be made available only for

standard six-inch by twelve-inch license plates. The department

may specify where the decal may be placed on the license plate.

(3) The department of veterans affairs must enter into an

agreement with the department to reimburse the department for the

costs associated with providing military status decals described in

this section.



The department shall create, design, and issue a special baseball

stadium license plate that may be used in lieu of ((regular)) standard

issue or personalized license plates for motor vehicles required to

display two ((motor vehicle)) license plates, excluding vehicles

registered under chapter 46.87 RCW, upon terms and conditions

established by the department. The special license plates ((shall))

commemorate the construction of a baseball stadium, as defined in

RCW 82.14.0485. The department shall also issue to each

recipient of a special baseball stadium license plate a certificate of

participation in the construction of the baseball stadium.



((Effective January 1, 1995,)) A state university, regional

university, or state college as defined in RCW 28B.10.016 may

apply to the department, in a form ((prescribed)) approved by the

department((,)) and request the department to issue a series of

collegiate license plates, for display on motor vehicles, depicting the

name and mascot or symbol of the college or university, as

submitted and approved for use by the requesting institution.


apply to the department for special license plates showing the

official amateur radio call letters assigned by the federal

communications commission. The amateur radio operator must:

(a) Provide a copy of the current valid federal communications

commission amateur radio license;

(b) Pay the amateur radio license plate fee required under

section 521(1)(a) of this act, in addition to any other fees and taxes

due; and

(c) Be recorded as the registered owner of the vehicle on which

the amateur radio license plates will be displayed.

(2) Amateur radio license plates must be issued only for motor

vehicles owned by persons who have a valid official radio operator

license issued by the federal communications commission.

(3) The department shall not issue or may refuse to issue

amateur radio license plates that display the consecutive letters

"WSP."

(4) A person who has been issued amateur radio operator

license plates as provided in this section must:

(a) Notify the department within thirty days after the federal

communications commission license assigned is canceled or

expires, and return the amateur radio license plates; and

(b) Provide a copy of the renewed federal communications

commission license to the department after it is renewed.

(5) Amateur radio license plates may be transferred from one

motor vehicle to another motor vehicle owned by the amateur radio

operator upon application to the department, county auditor or other

agent, or subagent appointed by the director.

(6) Facilities of official amateur radio stations may be utilized to

the fullest extent in the work of governmental agencies. The

director shall furnish the state military department, the department

of commerce, the Washington state patrol, and all county sheriffs a

list of the names, addresses, and license plate or official amateur

radio call letters of each person possessing the amateur radio license

plates.

(7) Failure to return the amateur radio license plates as required

under subsection (4) of this section is a traffic infraction.


apply to the department, county auditor or other agent, or subagent

appointed by the director for a collector vehicle license plate for a

motor vehicle that is at least thirty years old. The motor vehicle

must be operated primarily as a collector vehicle and be in good

running order. The applicant for the collector vehicle license plate

shall:

(a) Purchase a registration for the motor vehicle as required

under chapters 46.16 and 46.17 RCW; and

(b) Pay the special license plate fee established under section

521(1)(d) of this act, in addition to any other fees or taxes required

by law.

(2) A person applying for a collector vehicle license plate may:

(a) Receive a collector vehicle license plate assigned by the

department; or

(b) Provide a Washington state issued license plate designated

for general use in the year of the vehicle's manufacture.

(3) Collector vehicle license plates:

(a) Are valid for the life of the motor vehicle;

(b) Are not required to be renewed; and

(c) Must be displayed on the rear of the motor vehicle.

(4) A collector vehicle registered under this section may only be

used for participation in club activities, exhibitions, tours, parades,

and occasional pleasure driving.

(5) Collector vehicle license plates may be transferred from one

motor vehicle to another motor vehicle described in subsection (1)

of this section upon application to the department, county auditor or

other agent, or subagent appointed by the director.

NEW SECTION. Sec. 618. (1) A registered owner who has

been awarded the Congressional Medal of Honor may apply to the



department for special license plates for use on a passenger vehicle.

The Congressional Medal of Honor recipient must:

(a) Provide proof from the Washington state department of

veterans affairs showing receipt of the medal; and

(b) Be recorded as the registered owner of the vehicle on which

the Congressional Medal of Honor license plates will be displayed.

(2) Congressional Medal of Honor license plates must be

issued:

(a) Only for a personal passenger motor vehicle owned by

persons who have received the Congressional Medal of Honor; and

(b) Without payment of vehicle license fees, license plate fees,

and motor vehicle excise taxes.

(3) Congressional Medal of Honor license plates must be

replaced, free of charge, if the license plates become lost, stolen,

damaged, defaced, or destroyed.

(4) Congressional Medal of Honor license plates may be

transferred, free of charge, from one motor vehicle to another motor

vehicle owned by the Congressional Medal of Honor recipient upon

application to the department, county auditor or other agent, or


NEW SECTION. Sec. 619. (1) A registered owner who is a

veteran, as defined in RCW 41.04.007, may apply to the department

for disabled American veteran or former prisoner of war license

plates, for use on one personal use motor vehicle. The veteran must

be recorded as the registered owner of the vehicle on which the

disabled American veteran or former prisoner of war license plates

will be displayed and:

(a) Provide certification from the veterans administration or the

military service from which the veteran was discharged that the

veteran has a service-connected disability rating;

(b) Have lost the use of both hands or one foot;

(c) Have been captured and incarcerated by an enemy of the

United States during a period of war with the United States and have

received a prisoner of war medal;

(d) Have become blind in both eyes as the result of military

service; or

(e) Be rated by the veterans administration or the military

service from which the veteran was discharged and be receiving

service- connected compensation at the one hundred percent rate

that is expected to exist for more than one year.

(2) The special license plates under this section must:

(a) Display distinguishing marks, letters, or numerals indicating

that the registered owner is a disabled American veteran or former

prisoner of war; and

(b) Be issued for one personal use vehicle without the payment

of any vehicle license fees, license plate fees, or excise taxes.

(3) A registered owner who is a veteran, as defined in RCW

41.04.007, may, in lieu of applying for the special license plates

under this section, apply for regular issue or any qualifying special

license plate and receive the full benefit of the vehicle license fee

and excise tax exemption provided in subsection (2)(b) of this

section.

(4) The department may periodically verify the one hundred

percent rate as described in subsection (1)(e) of this section.

(5) A veteran who has been issued disabled American veteran or

former prisoner of war license plates under this section before July

1, 1983, continues to be eligible for the vehicle license fee and

excise tax exemption described in subsection (2)(b) of this section.

(6) Disabled American veteran and former prisoner of war

license plates may be transferred from one motor vehicle to another

motor vehicle owned by the veteran upon application to the


the director.


(a) "Blind" means the definition of "blind" used by the state of

Washington in determining eligibility for financial assistance to the

blind under Title 74 RCW; and

(b) "Special license plates" does not include any plate from the

armed forces license plate collection established in section 611(3) of

this act.

(8) Any unauthorized use of a special license plate under this

section is a gross misdemeanor.

NEW SECTION. Sec. 620. (1) A registered owner who is

an officer of the Taipei economic and cultural office may apply to

the department for special license plates for a motor vehicle owned

or leased by the officer. The special license plates must:

(a) Be issued for passenger vehicles having a manufacturer's

rated carrying capacity of one ton or less;

(b) Show the words "Foreign Organization";

(c) Be in a distinguishing color and a separate numerical series;

(d) Be returned to the department when no longer in use or when

the owner or lessee is relieved of his or her duties as a representative

of the recognized foreign organization; and

(e) Be removed from the vehicle when the officer of the Taipei

economic and cultural office transfers or assigns the interest or

certificate of title in the motor vehicle for which the special license

plates were issued.

(2) Motor vehicles described in subsection (1) of this section are

exempt from the vehicle license fees under section 531 of this act.

(3) Foreign organization license plates may be transferred from

one motor vehicle to another motor vehicle owned by the officer as

described in subsection (1) of this section upon application to the


the director.

(4) The Taipei economic and cultural office shall bear the entire

cost of production of the special license plates described in



the mother or father of a member of the United States armed forces

who died while in service to his or her country, or as a result of his or

her service, may apply to the department for special gold star license

plates for use on a motor vehicle. The registered owner must:

(a) Be a resident of this state;

(b) Provide certification from the Washington state department

of veterans affairs that the registered owner qualifies for the special

license plate under this section;

(c) Be recorded as the registered owner of the motor vehicle on

which the gold star license plates will be displayed; and

(d) Pay all fees and taxes required by law for registering the

motor vehicle.

(2) Gold star license plates must be issued:

(a) Only for motor vehicles owned by qualifying applicants; and

(b) Without payment of any license plate fee.

(3) Gold star license plates must be replaced, free of charge, if

the license plates become lost, stolen, damaged, defaced, or

destroyed.

(4) Gold star license plates may be transferred from one motor

vehicle to another motor vehicle owned by the mother or father, as

described in subsection (1) of this section, upon application to the


the director.


an honorary consul or official representative of any foreign

government may apply to the department for special license plates

for a motor vehicle owned or leased by the honorary consul or

official representative. The honorary consul or official

representative must be a citizen of the United States, pay all required

vehicle license fees and taxes, and either (a) provide a copy of the


honorary consul identification card or (b) show the exequatur issued

by the United States department of state.

(2) The special honorary consul license plates must be:

(a) A distinguishing color and separate numerical series;

(b) Returned to the department when no longer in use or when

the honorary consul or official representative is relieved of his or her

official duties; and

(c) Removed from the vehicle when the honorary consul or

official representative transfers or assigns the interest or certificate

of title in the motor vehicle for which the special license plates were

issued.

(3) The special honorary consul license plates may be

transferred to a replacement vehicle. The honorary consul or

official representative shall immediately notify the department of

the transfer of the special license plates.


apply to the department, county auditor or other agent, or subagent

appointed by the director for a horseless carriage license plate for a

motor vehicle that is at least forty years old. The motor vehicle

must be operated primarily as a collector vehicle and be in good

running order. The applicant for the horseless carriage license plate

shall:

(a) Purchase a registration for the motor vehicle as required

under chapters 46.16 and 46.17 RCW; and

(b) Pay the special license plate fee established under section

521(1)(i) of this act, in addition to any other fees or taxes required by

law.

(2) Horseless carriage license plates:

(a) Are valid for the life of the motor vehicle;

(b) Are not required to be renewed;

(c) Are not transferrable to any other motor vehicle; and

(d) Must be displayed on the rear of the motor vehicle.


a valid military affiliate radio system station license may apply to

the department for special license plates for use on only one motor

vehicle owned by the qualified applicant. The applicant must:


(b) Provide a copy of the current official military affiliate radio

system station license authorized by the department of defense and

issued by the United States army, air force, navy, or marine corps;

(c) Be recorded as the registered owner of the motor vehicle on

which the military affiliate radio system license plates will be

displayed; and

(d) Pay the military affiliate radio system license plate fee

required under section 521(1)(l) of this act, in addition to any other

fees or taxes required by law.

(2) A person who has been issued military affiliate radio system

license plates as provided in this section must:

(a) Notify the department if the military affiliate radio system

station license assigned is canceled or expires; and

(b) Provide a copy of the renewed military affiliate radio system

station license to the department when it is renewed.

(3) Military affiliate radio system license plates:

(a) Are not available for motorcycles; and

(b) May be transferred from one motor vehicle to another motor

vehicle owned by the military affiliate radio system operator upon

application to the department, county auditor or other agent, or



survived the attack on Pearl Harbor on December 7, 1941, may

apply to the department for special license plates for use on only one

motor vehicle owned by the qualified applicant. The applicant

must:


(b) Have been a member of the United States armed forces on

December 7, 1941;

(c) Have been on station on December 7, 1941, between the

hours of 7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the

island of Oahu, or offshore at a distance not to exceed three miles;

(d) Have received an honorable discharge from the United

States armed forces;

(e) Provide certification by a Washington state chapter of the

Pearl Harbor survivors association showing that qualifications in (c)

of this subsection have been met;

(f) Be recorded as the registered owner of the vehicle on which

the Pearl Harbor survivor license plates will be displayed; and

(g) Pay all fees and taxes required by law for registering the

motor vehicle.

(2) Pearl Harbor survivor license plates must be issued without

the payment of any license plate fee.

(3) Pearl Harbor survivor license plates must be replaced, free of

charge, if the license plates have become lost, stolen, damaged,

defaced, or destroyed.

(4) Pearl Harbor survivor license plates may be issued to the

surviving spouse or domestic partner of a Pearl Harbor survivor who

met the requirements in subsection (1) of this section. The

surviving spouse or domestic partner must be a resident of this state.

If the surviving spouse remarries or the surviving domestic partner

marries or enters into a new domestic partnership, he or she must

return the special plates to the department within fifteen days and

apply for regular license plates or another type of special license

plate.

(5) Pearl Harbor survivor license plates may be transferred from

one motor vehicle to another motor vehicle owned by the Pearl

Harbor survivor or the surviving spouse or domestic partner as

described in subsection (4) of this section upon application to the


the director.


apply to the department for a personalized license plate for any

vehicle required to display one or two vehicle license plates,

excluding vehicles registered under chapter 46.87 RCW, upon terms

and conditions established by the department. The application for

personalized license plates must contain the combination of letters

or numbers, or both, requested by the registered owner.

(2) Personalized license plates must:

(a) Be the same design as standard issue license plates;

(b) Consist of numbers or letters or any combination of numbers

or letters;

(c) Not exceed seven positions unless proposed by the

department and approved by the Washington state patrol; and

(d) Not contain less than one character.

(3) A person who purchased personalized license plates

containing three letters and three digits on or between the dates of

August 9, 1971, and November 6, 1973, is not required to pay the

additional annual renewal fee described in section 520 of this act.

(4) The department shall not issue or may refuse to issue

personalized license plates that:

(a) Duplicate or conflict with an existing or projected vehicle

license plate series or other numbering systems for records kept by

the department; or

(b) May carry connotations offensive to good taste and decency

or which would be misleading.

(5) Personalized license plates must be issued only to the

registered owner of the vehicle on which they are to be displayed.

The registered owner must:

(a) Pay the personalized license plate fee required under section

520 of this act, in addition to any other fee or taxes due;

(b) Renew personalized license plates annually, regardless of

whether or not the vehicle on which the personalized license plates

are displayed will be driven on the public highways;



(c) Surrender personalized license plates that have not been

renewed to the department. The failure to surrender expired

personalized license plates is a traffic infraction; and

(d) Immediately report to the department when personalized

license plates have been transferred to another vehicle or another

owner.

(6) The department may establish rules as necessary to carry out

this section including, but not limited to, identifying the maximum

number of positions on personalized license plates for motorcycles.


purchase personalized license plates with a special license plate

background for any vehicle required to display one or two vehicle

license plates, excluding:

(a) Amateur radio license plates;

(b) Collector vehicle license plates;

(c) Disabled American veteran license plates;

(d) Former prisoner of war license plates;

(e) Horseless carriage license plates;

(f) Congressional Medal of Honor license plates;

(g) Military affiliate radio system license plates;

(h) Pearl Harbor survivor license plates;

(i) Restored license plates; and

(j) Vehicles registered under chapter 46.87 RCW.

(2) Personalized special license plates issued under this section

must:

(a) Consist of numbers or letters or any combination of numbers

or letters;

(b) Not exceed seven characters; and

(c) Not contain less than one character.

(3) The department may not issue or may refuse to issue

personalized special license plates that:

(a) Duplicate or conflict with existing or projected vehicle

license plate series or other numbering systems for records kept by

the department; or

(b) May carry connotations offensive to good taste and decency

or which would be misleading.

(4) Personalized special license plates must be issued only to the

registered owner of the vehicle on which they are to be displayed.

The registered owner must:

(a) Pay both the personalized license plate fee required under

section 520 of this act and the special license plate fee required

under the applicable special license plate provision, in addition to

any other fee or taxes due. License plate fees must be distributed as

provided in chapter 46.68 RCW;

(b) Renew personalized special license plates annually,

regardless of whether or not the vehicle on which the personalized

special license plates are displayed will be driven on the public

highways;

(c) Surrender personalized special license plates that have not

been renewed to the department. The failure to surrender expired

personalized special license plates is a traffic infraction; and

(d) Immediately report to the department when personalized

special license plates have been transferred to another vehicle or

another owner.

(5) The department may establish rules as necessary to carry out

this section including, but not limited to, identifying the maximum

number of positions on personalized special license plates for

motorcycles.


been awarded a Purple Heart medal by any branch of the United

States armed forces, including the merchant marines and the

women's air forces service pilots may apply to the department for

special license plates for use on only one motor vehicle owned by

the qualified applicant. The applicant must:


(b) Have been wounded during one of this nation's wars or

conflicts identified in RCW 41.04.005;

(c) Have received an honorable discharge from the United

States armed forces;

(d) Provide a copy of the armed forces document showing the

recipient was awarded the Purple Heart medal;

(e) Be recorded as the registered owner of the vehicle on which

the Purple Heart survivor license plates will be displayed; and

(f) Pay all fees and taxes required by law for registering the

motor vehicle.

(2) Purple Heart license plates must be issued without the

payment of any special license plate fee.

(3) Purple Heart license plates may be issued to the surviving

spouse or domestic partner of a Purple Heart recipient who met the

requirements in subsection (1) of this section. The surviving

spouse or domestic partner must be a resident of this state. If the

surviving spouse remarries or the surviving domestic partner

marries or enters into a new domestic partnership, he or she must

return the special plates to the department within fifteen days and

apply for regular license plates or another type of special license

plate.

(4) Purple Heart license plates may be transferred from one

motor vehicle to another motor vehicle owned by the Purple Heart

recipient or the surviving spouse or domestic partner as described in

subsection (3) of this section upon application to the department,

county auditor or other agent, or subagent appointed by the director.

NEW SECTION. Sec. 629. A registered owner who uses a

passenger motor vehicle for commuter ride sharing or ride sharing

for persons with special transportation needs, as defined in RCW

46.74.010, shall apply to the director, county auditor or other agent,

or subagent appointed by the director for special ride share license

plates. The registered owner must qualify for the tax exemptions

provided in RCW 82.08.0287, 82.12.0282, or 82.44.015, and pay

the special ride share license plate fee required under section

521(1)(n) of this act when the special ride share license plates are

initially issued.

(2) The special ride share license plates:

(a) Must be of a distinguishing separate numerical series or

design as defined by the department;

(b) Must be returned to the department when no longer in use or

when the registered owner no longer qualifies for the tax

exemptions provided in subsection (1) of this section; and

(c) Are not required to be renewed annually for motor vehicles

described in RCW 46.16.020 (as recodified by this act).

(3) Special ride share license plates may be transferred from one

motor vehicle to another motor vehicle as described in subsection

(1) of this section upon application to the department, county auditor

or other agent, or subagent appointed by the director.

(4) Any person who knowingly makes a false statement of a

material fact in the application for a special license plate under

subsection (1) of this section is guilty of a gross misdemeanor.

NEW SECTION. Sec. 630. A registered owner may apply

to the department, county auditor or other agent, or subagent

appointed by the director for a square dancer license plate. The

registered owner shall pay the special license plate fee required

under section 521(1)(q) of this act, in addition to any other fee or tax

required by law. The square dancer license plate may be issued in

lieu of standard issue or personalized license plates for vehicles

required to display two license plates, but may not be issued for

vehicles registered under chapter 46.87 RCW.

D. MISCELLANEOUS




The director shall adopt rules to implement ((RCW 46.16.301

through 46.16.332)) chapter 46.... RCW (the new chapter created in

section 1224 of this act), including setting of fees.

PART VII.

SPECIAL PARKING PRIVILEGES FOR PERSONS WITH

DISABILITIES

NEW SECTION. Sec. 701. (1) A natural person who has a

disability that meets one of the following criteria may apply for

special parking privileges:

(a) Cannot walk two hundred feet without stopping to rest;

(b) Is severely limited in ability to walk due to arthritic,

neurological, or orthopedic condition;

(c) Has such a severe disability that the person cannot walk

without the use of or assistance from a brace, cane, another person,

prosthetic device, wheelchair, or other assistive device;

(d) Uses portable oxygen;

(e) Is restricted by lung disease to an extent that forced

expiratory respiratory volume, when measured by spirometry, is less

than one liter per second or the arterial oxygen tension is less than

sixty mm/hg on room air at rest;

(f) Impairment by cardiovascular disease or cardiac condition to

the extent that the person's functional limitations are classified as

class III or IV under standards accepted by the American heart

association;

(g) Has a disability resulting from an acute sensitivity to

automobile emissions that limits or impairs the ability to walk. The

personal physician, advanced registered nurse practitioner, or

physician assistant of the applicant shall document that the disability

is comparable in severity to the others listed in this subsection;

(h) Has limited mobility and has no vision or whose vision with

corrective lenses is so limited that the person requires alternative

methods or skills to do efficiently those things that are ordinarily

done with sight by persons with normal vision;

(i) Has an eye condition of a progressive nature that may lead to

blindness; or

(j) Is restricted by a form of porphyria to the extent that the

applicant would significantly benefit from a decrease in exposure to

light.

(2) The disability must be determined by either:

(a) A licensed physician;

(b) An advanced registered nurse practitioner licensed under

chapter 18.79 RCW; or

(c) A physician assistant licensed under chapter 18.71A or

18.57A RCW.

(3) The application for special parking privileges for persons

with disabilities must contain:

(a) The following statement immediately below the physician's,

advanced registered nurse practitioner's, or physician assistant's

signature: "A parking permit for a person with disabilities may be

issued only for a medical necessity that severely affects mobility or

involves acute sensitivity to light (section 701 of this act).

Knowingly providing false information on this application is a gross

misdemeanor. The penalty is up to one year in jail and a fine of up

to $5,000 or both"; and

(b) Other information as required by the department.

(4) A natural person who has a disability described in subsection

(1) of this section and is expected to improve within six months may

be issued a temporary placard for a period not to exceed six months.

If the disability exists after six months, a new temporary placard

must be issued upon receipt of a new application with certification

from the person's physician. Special license plates for persons with

disabilities may not be issued to a person with a temporary

disability.

(5) A natural person who qualifies for special parking privileges

under this section must receive an identification card showing the

name and date of birth of the person to whom the parking privilege

has been issued and the serial number of the placard.

(6) A natural person who qualifies for permanent special

parking privileges under this section may receive one of the

following:

(a) Up to two parking placards;

(b) One set of special license plates for persons with disabilities

if the person with the disability is the registered owner of the vehicle

on which the license plates will be displayed;

(c) One parking placard and one set of special license plates for

persons with disabilities if the person with the disability is the

registered owner of the vehicle on which the license plates will be

displayed; or

(d) One special parking year tab for persons with disabilities and

one parking placard.

(7) Parking placards and identification cards described in this

section must be issued free of charge.

(8) The parking placard and identification card must be

immediately returned to the department upon the placard holder's

death.

NEW SECTION. Sec. 702. (1) The following organizations

may apply for special parking privileges:

(a) Public transportation authorities;

(b) Nursing homes licensed under chapter 18.51 RCW;

(c) Boarding homes licensed under chapter 18.20 RCW;

(d) Senior citizen centers;

(e) Private nonprofit corporations, as defined in RCW

24.03.005; and

(f) Cabulance companies that regularly transport persons with

disabilities who have been determined eligible for special parking

privileges under this section and who are registered with the

department under chapter 46.72 RCW.

(2) An organization that qualifies for special parking privileges

may receive, upon application, parking license plates or placards, or

both, for persons with disabilities as defined by the department.

(3) Public transportation authorities, nursing homes, boarding

homes, senior citizen centers, private nonprofit corporations, and

cabulance services are responsible for ensuring that the special

placards and license plates are not used improperly and are

responsible for all fines and penalties for improper use.

(4) The department shall adopt rules to determine organization

eligibility.

NEW SECTION. Sec. 703. (1) Parking privileges for

persons with disabilities must be renewed at least every five years,

as required by the director, by satisfactory proof of the right to

continued use of the privileges.

(2) The department shall match and purge its database of

parking permits issued to persons with disabilities with available

death record information at least every twelve months.

(3) The department shall adopt rules to administer the parking

privileges for persons with disabilities program.

NEW SECTION. Sec. 704. (1) The department shall design

special license plates for persons with disabilities, parking placards,

and year tabs displaying the international symbol of access.

(2) Special license plates for persons with disabilities must be

displayed on the motor vehicle as standard issue license plates as

described in section 422 of this act.

(3) Parking placards must be displayed when the motor vehicle

is parked by suspending it from the rearview mirror. In the absence

of a rearview mirror, the parking placard must be displayed on the

dashboard.

(4) Special year tabs for persons with disabilities must be

displayed on license plates as defined by the department.



(5) Persons who have been issued special license plates for

persons with disabilities, parking placards, or special license plates

with a special year tab for persons with disabilities may park in

places reserved for persons with physical disabilities.

NEW SECTION. Sec. 705. (1) An additional fee may not be

charged for special license plates for persons with disabilities except

for any other fees and taxes required to be paid upon registration of a

motor vehicle.

(2) A registered owner who qualifies for special parking

privileges as described in section 701 of this act may apply to the

department for special license plates for persons with disabilities or

special license plates with a special year tab for persons with

disabilities. Special license plates with a special year tab for

persons with disabilities are available on the following special

license plate designs:

PLATE TYPE ISSUED UNDER

Armed forces collection Section 612 of this act

Baseball stadium RCW 46.16.301 (as recodified

by this act)

Collegiate RCW 46.16.324 (as recodified

by this act)

Disabled American veteran Section 619 of this act

Endangered wildlife Section 611 of this act

Former prisoner of war Section 619 of this act

Helping kids speak Section 611 of this act

Keep kids safe Section 611 of this act

Law enforcement memorial Section 611 of this act

Pearl Harbor survivor Section 625 of this act

Personalized Section 626 of this act

Professional firefighters and

paramedics

Section 611 of this act

Purple Heart Section 628 of this act

Share the road Section 611 of this act

Ski & ride Washington Section 611 of this act

Square dancer Section 630 of this act

Washington lighthouses Section 611 of this act

Washington's national park fund Section 611 of this act

Washington state parks Section 611 of this act

Washington's wildlife collection Section 611 of this act

We love our pets Section 611 of this act

Wild on Washington Section 611 of this act

(3) A registered owner who chooses to purchase special license

plates as described in subsection (2) of this section shall pay the

applicable special license plate fee, in addition to any other fees or

taxes required for registering a motor vehicle.

(4) Special license plates for persons with disabilities or special

license plates with a special year tab for persons with disabilities

must be renewed in the same manner and at the time required for the

renewal of standard motor vehicle license plates under chapter 46.16

RCW.



may be transferred from one motor vehicle to another motor vehicle

owned by the person with the parking privilege upon application to


by the director.



must be removed from the motor vehicle when the person with

disabilities transfers or assigns his or her interest in the motor

vehicle.

NEW SECTION. Sec. 706. (1) False information.

Knowingly providing false information in conjunction with the

application for special parking privileges for persons with

disabilities is a gross misdemeanor punishable under chapter 9A.20

RCW.

(2) Unauthorized use. Any unauthorized use of the special

placard, special license, or identification card issued under this

chapter is a traffic infraction with a monetary penalty of two

hundred fifty dollars.

(3) Inaccessible access. It is a parking infraction, with a

monetary penalty of two hundred fifty dollars, for a person to make

inaccessible the access aisle located next to a space reserved for

persons with physical disabilities. The clerk of the court shall

report all violations related to this subsection to the department.

(4) Parking without placard/plate. It is a parking infraction,

with a monetary penalty of two hundred fifty dollars, for any person

to park a vehicle in a parking place provided on private property

without charge or on public property reserved for persons with

physical disabilities without a placard or special license plate issued

under this chapter. If a person is charged with a violation, the

person will not be determined to have committed an infraction if the

person produces in court or before the court appearance the placard

or special license plate issued under this chapter as required under

this chapter. A local jurisdiction providing nonmetered, on-street

parking places reserved for persons with physical disabilities may

impose by ordinance time restrictions of no less than four hours on

the use of these parking places.

(5) Time restrictions. A local jurisdiction may impose by

ordinance time restrictions of no less than four hours on the use of

nonreserved, on-street parking spaces by vehicles displaying the

special parking placards or special license plates issued under this

chapter. All time restrictions must be clearly posted.

(6) Use of funds - reimbursement. Funds from the penalties

imposed under subsections (3) and (4) of this section must be used

by that local jurisdiction exclusively for law enforcement. The

court may also impose an additional penalty sufficient to reimburse

the local jurisdiction for any costs that it may have incurred in the

removal and storage of the improperly parked vehicle.

(7) Illegal obtainment. Except as provided in subsection (1)

of this section, it is a traffic infraction with a monetary penalty of

two hundred fifty dollars for any person willfully to obtain a special

license plate, placard, or identification card issued under this chapter

in a manner other than that established under this chapter.

(8) Volunteer appointment. A law enforcement agency

authorized to enforce parking laws may appoint volunteers, with a

limited commission, to issue notices of infractions for violations of

sections 701 and 704 of this act or RCW 46.61.581. Volunteers


must be at least twenty-one years of age. The law enforcement

agency appointing volunteers may establish any other qualifications

that the agency deems desirable.

(a) An agency appointing volunteers under this section must

provide training to the volunteers before authorizing them to issue

notices of infractions.

(b) A notice of infraction issued by a volunteer appointed under

this subsection has the same force and effect as a notice of infraction

issued by a police officer for the same offense.

(c) A police officer or a volunteer may request a person to show

the person's identification card or special parking placard when

investigating the possibility of a violation of this section. If the

request is refused, the person in charge of the vehicle may be issued

a notice of infraction for a violation of this section.

(9) Community restitution. For second or subsequent

violations of this section, in addition to a monetary penalty, the

violator must complete a minimum of forty hours of:

(a) Community restitution for a nonprofit organization that

serves persons with disabilities or disabling diseases; or

(b) Any other community restitution that may sensitize the

violator to the needs and obstacles faced by persons with disabilities.

(10) Fine suspension. The court may not suspend more than

one-half of any fine imposed under subsection (2), (3), (4), or (7) of

this section.



A special license plate or card issued by another state or country

that indicates that an occupant of ((the)) a vehicle has disabilities((,))

entitles the vehicle on or in which it is displayed and being used to

transport the person with disabilities to lawfully park in a parking

place reserved for persons with physical disabilities pursuant to

chapter 70.92 RCW ((or authority implemental thereof)).

PART VIII. FEE DISTRIBUTION



(((1) Whenever any license fee, paid under the provisions of this

title, has been erroneously paid, either wholly or in part, the payor is

entitled to have refunded the amount so erroneously paid.

(2) A license fee is refundable in one or more of the following

circumstances: (a) If the vehicle for which the renewal license was

purchased was destroyed before the beginning date of the

registration period for which the renewal fee was paid; (b) if the

vehicle for which the renewal license was purchased was

permanently removed from the state before the beginning date of the

registration period for which the renewal fee was paid; (c) if the

vehicle license was purchased after the owner has sold the vehicle;

(d) if the vehicle is currently licensed in Washington and is

subsequently licensed in another jurisdiction, in which case any full

months of Washington fees between the date of license application

in the other jurisdiction and the expiration of the Washington license

are refundable; or (e) if the vehicle for which the renewal license

was purchased is sold before the beginning date of the registration

period for which the renewal fee was paid, and the payor returns the

new, unused, never affixed license renewal tabs to the department

before the beginning of the registration period for which the

registration was purchased.

(3) Upon the refund being certified to the state treasurer by the

director as correct and being claimed in the time required by law the

state treasurer shall mail or deliver the amount of each refund to the

person entitled thereto. No claim for refund shall be allowed for

such erroneous payments unless filed with the director within three

years after such claimed erroneous payment was made.

(4) If due to error a person has been required to pay a vehicle

license fee under this title and an excise tax under Title 82 RCW that

amounts to an overpayment of ten dollars or more, that person shall

be entitled to a refund of the entire amount of the overpayment,

regardless of whether a refund of the overpayment has been

requested.

(5) If due to error the department or its agent has failed to collect

the full amount of the license fee and excise tax due and the

underpayment is in the amount of ten dollars or more, the

department shall charge and collect such additional amount as will

constitute full payment of the tax and fees.

(6) Any person who makes a false statement under which he or

she obtains a refund to which he or she is not entitled under this

section is guilty of a gross misdemeanor.))

(1) A person who has paid all or part of a vehicle license fee under

this title is entitled to a refund if the amount was paid in error or if

the vehicle:

(a) Was destroyed before the new registration period began;

(b) Was permanently removed from Washington state before

the new registration period began;

(c) Registration was purchased after the owner sold the vehicle;

(d) Was registered in another jurisdiction after the Washington

state registration had been purchased. Any full months of

Washington vehicle license fees remaining after application for

out-of-state registration was made are refundable; or

(e) Registration was purchased before the vehicle was sold and

before the new registration period began. The person who paid the

fees must return the unused, never-affixed license tabs to the

department before the new registration period begins.

(2) The department shall refund overpayments of vehicle

license fees and motor vehicle excise taxes under Title 82 RCW that

are ten dollars or more. A request for a refund is not required.

(3) The department shall certify refunds to the state treasurer as

correct and being claimed in the time required by law. The state

treasurer shall mail or deliver the amount of each refund to the

person who is entitled to the refund. The department shall not

authorize refunds of fees paid in error unless the request is made

within three years after the fees were paid.

(4) If due to error the department, county auditor or other agent,

or subagent appointed by the director has failed to collect the full

amount of the vehicle license fee and excise tax due and the

underpayment is in the amount of ten dollars or more, the

department shall charge and collect the additional amount to

constitute full payment of the tax and fees.


she obtains a refund that he or she is not entitled to under this section

is guilty of a gross misdemeanor.



((The director shall forward all fees for certificates of ownership

or other moneys accruing under the provisions of chapter 46.12

RCW to the state treasurer, together with a proper identifying

detailed report. The state treasurer shall credit such moneys as

follows:

(1) The fees collected under RCW 46.12.040(1) and

46.12.101(6) shall be credited to the multimodal transportation

account in RCW 47.66.070.

(2)(a) Beginning July 27, 2003, and until July 1, 2008, the fees

collected under RCW 46.12.080, 46.12.101(3), 46.12.170, and

46.12.181 shall be credited as follows:

(i) 58.12 percent shall be credited to a segregated subaccount of

the air pollution control account in RCW 70.94.015;

(ii) 16.60 percent shall be credited to the vessel response

account created in RCW 90.56.335; and

(iii) The remainder shall be credited into the transportation 2003

account (nickel account).

(b) Beginning July 1, 2008, and thereafter, the fees collected

under RCW 46.12.080, 46.12.101(3), 46.12.170, and 46.12.181



shall be credited to the transportation 2003 account (nickel account).

(3) The fees collected under RCW 46.12.040(3) and 46.12.060

shall be credited to the motor vehicle account.))

(1) The director shall forward all fees for certificates of title or other

moneys accruing under chapters 46.12 and 46.17 RCW to the state

treasurer, together with a proper identifying detailed report. The

state treasurer shall credit these moneys as follows:

FEE REQUIRE

D IN

ESTABLISHE

D IN

DISTRIBUTIO

N

ORV

registration

fee

Section 214

of this act

Section 508 of

this act

RCW 47.66.070

Original

certificate

of title

RCW

46.12.030

(as

recodified

by this act)

Section 508 of

this act

RCW 47.66.070

Penalty for

late transfer

RCW

46.12.101

(as

recodified

by this act)

Section 512 of

this act

RCW 47.66.070

Motor

change

RCW

46.12.080

(as

recodified

by this act)

Section 508 of

this act

RCW 46.68.280

Transfer

certificate

of title

RCW

46.12.101

(as

recodified

by this act)

Section 508 of

this act

RCW 46.68.280

Security

interest

changes

RCW

46.12.170

(as

recodified

by this act)

Section 508 of

this act

RCW 46.68.280

Duplicate

certificate

of title

RCW

46.12.181

(as

recodified

by this act)

Section 508 of

this act

RCW 46.68.280

Stolen

vehicle

check

RCW

46.12.047

(as

recodified

by this act)

Section 513 of

this act

RCW 46.68.070

Vehicle

identificatio

n

number

assignment

Section 303

of this act

Section 515 of

this act

RCW 46.68.070

(2) The vehicle identification number inspection fee created in

section 514 of this act must be credited as follows:

(a) Fifteen dollars to the state patrol highway account created in

RCW 46.68.030; and

(b) Fifty dollars to the motor vehicle fund created in RCW

46.68.070.



((Except for proceeds from fees for vehicle licensing for

vehicles paying such fees under RCW 46.16.070 and 46.16.085, and

as otherwise provided for in chapter 46.16 RCW, all fees received

by the director for vehicle licenses under the provisions of chapter

46.16 RCW shall be forwarded to the state treasurer, accompanied

by a proper identifying detailed report, and be deposited to the credit

of the motor vehicle fund, except that the proceeds from the vehicle

license fee and renewal license fee shall be deposited by the state

treasurer as hereinafter provided. After July 1, 2002,)) (1) The

director shall forward all fees for vehicle registrations under

chapters 46.16 and 46.17 RCW, unless otherwise specified by law,

to the state treasurer with a proper identifying detailed report. The

state treasurer shall credit these moneys to the motor vehicle fund

created in RCW 46.68.070.

(2) Proceeds from vehicle license fees and renewal vehicle

license fees must be deposited by the state treasurer as follows:

(a) $20.35 of each ((original)) initial or renewal vehicle license

fee must be deposited in the state patrol highway account in the

motor vehicle fund, hereby created. Vehicle license fees, renewal

vehicle license fees, and all other funds in the state patrol highway

account ((shall)) must be for the sole use of the Washington state

patrol for highway activities of the Washington state patrol, subject

to proper appropriations and reappropriations ((therefor)).

(b) $2.02 of each ((original)) initial vehicle license fee and $0.93 of

each renewal vehicle license fee ((shall)) must be deposited each

biennium in the Puget Sound ferry operations account.

(c) Any remaining amounts of vehicle license fees and renewal

vehicle license fees that are not distributed otherwise under this

section must be deposited in the motor vehicle fund.



The director shall forward all proceeds from ((combined)) vehicle

((licensing)) license fees received by the director for vehicles

((licensed)) registered under ((RCW 46.16.070 and 46.16.085 shall

be forwarded)) sections 530, 531(1) (c) and (k), and 535(1)(c) of this

act to the state treasurer to be distributed into accounts according to

the following method:

(1) ((The sum of two dollars for each vehicle shall be deposited

into the multimodal transportation account, except that for each

vehicle registered by a county auditor or agent to a county auditor

pursuant to RCW 46.01.140, the sum of two dollars shall be credited

to the current county expense fund.

(2) The remainder and the proceeds from the license fee under

RCW 46.16.086 and the farm vehicle trip permit under RCW

46.16.162 shall be distributed as follows:

(a))) 22.36 percent ((shall)) must be deposited into the state

patrol highway account of the motor vehicle fund;

(((b))) (2) 1.375 percent ((shall)) must be deposited into the

Puget Sound ferry operations account of the motor vehicle fund;

(((c))) (3) 5.237 percent ((shall)) must be deposited into the

transportation 2003 account (nickel account);

(((d))) (4) 11.533 percent ((shall)) must be deposited into the

transportation partnership account created in RCW 46.68.290; and

(((e))) (5) The remaining proceeds ((shall)) must be deposited

into the motor vehicle fund.



At least quarterly, the department shall transmit donations made

to the organ and tissue donation awareness account under RCW

46.16.076(2) (as recodified by this act) to the foundation established

for organ and tissue donation awareness purposes by the

Washington state organ procurement organizations. All

Washington state organ procurement organizations have

proportional access to these funds to conduct public education in

their service areas.




All receipts from the voluntary donation received under RCW

46.16.076(3) (as recodified by this act) must be deposited in the state



parks.



The department of licensing services account is created in the

motor vehicle fund. All receipts from service fees received under

((RCW 46.01.140(4)(b) shall)) section 503 of this act must be

deposited into the account. Moneys in the account may be spent

only after appropriation. Expenditures from the account may be

used only for:

(1) Information and service delivery systems for the

department((, and for));

(2) Reimbursement of county licensing activities; and

(3) County auditor or other agent and subagent support

including, but not limited to, the replacement of department-owned

equipment in the possession of county auditors or other agents and

subagents appointed by the director. During the 2007-2009 and

2009-2011 fiscal biennia, the legislature may transfer from the

department of licensing services account such amounts as reflect the

excess fund balance of the account.



(1) The special license plate applicant trust account is created in

the custody of the state treasurer. All receipts from special license

plate applicants must be deposited into the account. Only the

director or the director's designee may authorize disbursements from

the account. The account is not subject to the allotment procedures

under chapter 43.88 RCW, and an appropriation is not required for

disbursements.

(2)(a) Revenues generated from the sale of special license plates

for those sponsoring organizations that used the application process

in section 606 of this act must be deposited into the motor vehicle

fund until the department determines that the state's implementation

costs have been fully reimbursed.

(b) When it is determined that the state has been fully

reimbursed, the department must notify the house of representatives

and senate transportation committees, the sponsoring organization,

and the state treasurer, and commence the distribution of the

revenue as otherwise provided by law.

(3) If reimbursement does not occur within two years from the

date the plate is first offered for sale to the public, the special license

plate series must be placed in probationary status for a period of one

year from that date. If the state is still not fully reimbursed for its

implementation costs after the one-year probation, the plate series

must be discontinued immediately. Special license plates issued

before discontinuation are valid until replaced under section 422(10)

of this act.




(a) Collect special license plate fees established under section

521 of this act that were approved by the special license plate review

board under section 611 of this act;

(b) Deduct an amount not to exceed twelve dollars for initial

issue and two dollars for renewal issue for administration and

collection expenses incurred by it; and

(c) Remit the remaining proceeds to the custody of the state

treasurer with a proper identifying detailed report.

(2) The state treasurer shall credit the proceeds to the motor

vehicle account until the department determines that the state has

been reimbursed for the cost of implementing the special license

plate. Upon determination by the department that the state has been

reimbursed, the state treasurer shall credit the remaining special

license plate fee amounts for each special license plate to the

following appropriate account:

ACCOUNT CONDITIONS FOR USE OF

FUNDS

Gonzaga university alumni

association

Scholarship funds to needy and

qualified students

attending or planning to attend

Gonzaga university

Helping kids speak Provide free diagnostic and

therapeutic services to families

of children who suffer from a

delay in language or speech

development

Law enforcement memorial Provide support and assistance

to survivors and families of

law enforcement officers in

Washington killed in the line

of duty and to organize, finance,

fund, construct, utilize,

and maintain a memorial on the

state capitol grounds to

honor those fallen officers

Lighthouse environmental

programs

Support selected Washington

state lighthouses that are

accessible to the public and

staffed by volunteers; provide

environmental education

programs; provide grants for

other Washington lighthouses to

assist in funding

infrastructure preservation and

restoration; encourage and

support interpretive programs by

lighthouse docents

Share the road Promote bicycle safety and

awareness education in

communities throughout

Washington

Ski & ride Washington Promote winter snowsports,

such as skiing and

snowboarding, and related

programs, such as ski and ride

safety programs,

underprivileged youth ski and

ride

programs, and active, healthy

lifestyle programs

Washington state council of

firefighters benevolent fund

Receive and disseminate funds

for charitable purposes on

behalf of members of the

Washington state council of

firefighters, their families, and

others deemed in need

Washington's national park

fund

Build awareness of

Washington's national parks and

support priority park programs

and projects in

Washington's national parks,

such as enhancing visitor

experience, promoting

volunteerism, engaging

communities, and providing

educational opportunities

related to Washington's national

parks



We love our pets Support and enable the

Washington federation of

animal

welfare and control agencies to

promote and perform

spay/neuter surgery of

Washington state pets in order to

reduce pet population

(3) Only the director or the director's designee may authorize

expenditures from the accounts described in subsection (2) of this

section. The accounts are subject to allotment procedures under

chapter 43.88 RCW, but an appropriation is not required for

expenditures.

(4) Funds in the special license plate accounts described in

subsection (2) of this section must be disbursed subject to the

conditions described in subsection (2) of this section and under

contract between the department and qualified nonprofit

organizations that provide the services described in subsection (2) of

this section.

(5) For the purposes of this section, a "qualified nonprofit

organization" means a not-for-profit corporation operating in

Washington that has received a determination of tax exempt status

under 26 U.S.C. Sec. 501(c)(3). The qualified nonprofit

organization must meet all the requirements under RCW

46.16.735(1) (as recodified by this act).




(a) Collect special license plate fees established under section

521 of this act that were approved by the special license plate review

board under section 611 of this act;






(2) The state treasurer shall credit the proceeds to the motor

vehicle fund until the department determines that the state has been

reimbursed for the cost of implementing the special license plate.

Upon determination by the department that the state has been

reimbursed, the state treasurer shall credit the remaining special

license plate fees to the following accounts by special license plate

type:

SPECIAL

LICENSE PLATE

TYPE

ACCOUNT CONDITIONS FOR

USE OF FUNDS

Armed forces RCW

43.60A.140

N/A

Endangered

wildlife

RCW 77.12.170 Must be used only for

the department of

fish and wildlife's

endangered wildlife

program activities

Keep kids safe RCW 43.121.100 As specified in RCW

43.121.050

Washington state

parks

RCW

79A.05.059

Provide public

educational

opportunities

and enhancement of

Washington state

parks

Washington's

wildlife collection

RCW 77.12.170 Only for the

department of fish and

wildlife's game

species management

activities

Wild on

Washington

RCW 77.12.170 Dedicated to the

department of fish and

wildlife's watchable

wildlife activities, as

defined in RCW

77.32.560




(a) Collect special license plates fees established under section

521(1) (c) and (e) of this act;






(2) The state treasurer shall credit the remaining special license

plate fees to the following accounts by special license plate type:

SPECIAL

LICENSE

PLATE TYPE

ACCOUNT PURPOSE

Baseball stadium A county To pay the principal

and interest

payments on bonds

issued by the

county to construct a

baseball

stadium, as defined in

RCW

82.14.0485, including

reasonably

necessary

preconstruction costs,

while

the taxes are being

collected under

RCW 82.14.360.

After the principal

and interest payments

on bonds have

been made, the state

treasurer shall

credit the funds to the

state general

fund

Collegiate RCW 28B.10.890 Student scholarships



The vehicle identification number inspection fee collected

under section 514 of this act must be distributed as follows:

(1) Fifteen dollars to the state patrol highway account created in

RCW 46.68.030; and

(2) Fifty dollars to the motor vehicle fund created in RCW

46.68.070.



(1) The motor vehicle weight fee imposed under section 533(1)

of this act must be deposited every July 1st as follows:


(a) Three million dollars to the freight mobility multimodal

account created in RCW 46.68.310; and

(b) The remainder to the multimodal transportation account


(2) The motor vehicle weight fee:

(a) Must be used for transportation purposes;

(b) May not be used for the general support of state government;

and

(c) Is imposed to provide funds to mitigate the impact of vehicle

loads on the state roads and highways and is separate and distinct

from other vehicle license fees. Proceeds from the fee may be used

for transportation purposes, or for facilities and activities that reduce

the number of vehicles or load weights on the state roads and

highways.

(3) The motor home vehicle weight fee imposed under section

533(2) of this act must be deposited in the multimodal transportation

account created in RCW 47.66.070.



The department temporary permit fee imposed under section

535(1)(b) of this act must be distributed as follows:

(1) If collected by the department, the fee must be distributed

under RCW 46.68.030; and

(2) If collected by the county auditor or other agent or subagent,

the fee must be distributed to the county current expense fund.



(1) The vehicle trip permit fee imposed under section 535(1)(h)

of this act must be distributed as follows:

(a) Five dollars to the state patrol highway account for

commercial motor vehicle inspections;

(b) A one dollar excise tax to the state general fund;

(c) The amount of the filing fee imposed under section

501(1)(a) of this act to be credited as required under section 819 of

this act; and

(d) The remainder to the credit of the motor vehicle fund created

in RCW 46.68.070 as an administrative fee.

(2) The administrative fee under subsection (1)(d) of this section

must be increased or decreased in an equal amount if the amount of

the filing fee imposed under section 501(1)(a) of this act increases or

decreases, so that the total trip permit fee is adjusted equally to

compensate.

(3) The vehicle trip permit surcharge imposed under section

535(4) of this act must be distributed as follows:

(a) The portion of the surcharge paid by motor carriers to the

motor vehicle fund created in RCW 46.68.070 for the purpose of

supporting vehicle weigh stations, weigh-in-motion programs, and

the commercial vehicle information systems and networks program;

and

(b) The remainder to the motor vehicle fund created in RCW

46.68.070 for the purpose of supporting congestion relief programs.



The parking ticket surcharge imposed under section 504 of this

act must be distributed as follows:

(1) Ten dollars to the motor vehicle fund created in RCW

46.68.070 to be used exclusively for the administrative costs of the

department; and

(2) Five dollars to be retained by the department, county auditor

or other agent, or subagent appointed by the director handling the

renewal application to be used for the administration of the parking

ticket program.



The special fuel trip permit fee imposed under section 535(1)(f)

of this act for special fuel trip permits issued under RCW 82.38.100

must be distributed as follows:

(1) One dollar to be retained by the county auditor or businesses

appointed by the department to defray expenses incurred in handling

and selling special fuel trip permits;

(2) Five dollars to the state patrol highway account to be used

for commercial motor vehicle inspections;

(3) Five dollars to the motor vehicle fund to be distributed as

follows:

(a) If paid by motor carriers, to be used for supporting vehicle

weigh stations, weigh-in-motion programs, and the commercial

vehicle information systems and networks program;

(b) If paid by a person other than a motor carrier, to be used for

supporting congestion relief programs; and

(4) Nineteen dollars to the credit of the motor vehicle fund




The license plate technology account is created in the state

treasury. All receipts collected under ((RCW 46.01.140(4)(e)(ii)))

section 502 of this act must be deposited into this account.

Expenditures from this account must support current and future

license plate technology and systems integration upgrades for both

the department and correctional industries. Moneys in the account

may be spent only after appropriation. Additionally, the moneys in

this account may be used to reimburse the motor vehicle account for

any appropriation made to implement the digital license plate

system. During the 2009-2011 fiscal biennium, the legislature may

transfer from the license plate technology account to the highway

safety account such amounts as reflect the excess fund balance of

the license plate technology account.



A filing fee established in section 501 of this act must be

distributed as follows:

(1) If paid to the county auditor or other agent or subagent

appointed by the director, the fee must be distributed to the county

treasurer and credited to the county current expense fund.

(2) If the fee is paid to another agent of the director, the fee must

be used by the agent to defray his or her expenses in handling the

application.

(3) If the fee is collected by the state patrol as agent for the

director, the fee must be certified to the state treasurer and deposited

to the credit of the state patrol highway account.

(4) If the fee is collected by the department of transportation as

agent for the director, the fee must be certified to the state treasurer

and deposited to the credit of the motor vehicle fund created in

RCW 46.68.070.

(5) If the fee is collected by the director or branches of the

department, the fee must be certified to the state treasurer and

deposited to the credit of the highway safety fund, except that two

dollars of the fee must be deposited into the multimodal

transportation account if the fee is collected in conjunction with

section 530 or 531(1) (c) or (k).



The emergency medical services fee imposed under section 509

of this act must be distributed as follows:

(1) If collected by a vehicle dealer, the vehicle dealer must keep

two dollars and fifty cents as an administrative fee and the

remainder must be deposited in the emergency medical services and

trauma care system trust account created in RCW 70.168.040; and

(2) If not collected by a vehicle dealer, the fee must be deposited

in the emergency medical services and trauma care system trust






(1) All revenue derived from personalized license plate fees

provided for in section 520 of this act must be forwarded to the state

treasurer and deposited as follows:

(a) Ten dollars to the state wildlife account and used for the

management of resources associated with the nonconsumptive use

of wildlife;

(b) Two dollars to the wildlife rehabilitation account created

under RCW 77.12.471; and

(c) The remainder to the state wildlife account to be used for the

preservation, protection, perpetuation, and enhancement of

nongame species of wildlife including, but not limited to, song

birds, raptors, protected wildlife, rare and endangered wildlife,

aquatic life, and specialized-habitat types, both terrestrial and

aquatic, as well as all unclassified marine fish, shellfish, and marine

invertebrates.

(2) Administrative costs incurred by the department as a direct

result of administering the personalized license plate program must

be appropriated by the legislature from the state wildlife account

from those funds deposited in the account resulting from the sale of

personalized license plates. If the actual costs incurred by the

department are less than that which has been appropriated by the

legislature, the remainder must revert to the state wildlife account.



The moneys collected by the department for ORV registrations,

temporary ORV use permits, decals, and tabs under this chapter

((shall)) and chapter 46.17 RCW must be distributed from time to

time, but at least once a year, in the following manner:

(1) The department shall retain enough money to cover expenses

incurred in the administration of this chapter((: PROVIDED, That

such retention shall)). The amount kept by the department must

never exceed eighteen percent of fees collected.

(2) The remaining moneys ((shall)) must be distributed for ((ORV))

off-road vehicle recreation facilities by the board in accordance with

RCW 46.09.170(2)(d)(ii)(A) (as recodified by this act).

Sec. 823. RCW 46.10.075 and 1991 sp.s. c 13 s 9 are each


((There is created a)) (1) The snowmobile account is created

within the state treasury. Snowmobile registration fees, monetary

civil penalties from snowmobile dealers, and snowmobile fuel tax

moneys collected under this chapter and chapter 46.17 RCW and in

excess of the amounts fixed for the administration of the registration

and fuel tax provisions of this chapter ((shall)) must be deposited

((in)) into the ((snowmobile)) account and ((shall)) must be

appropriated only to the state parks and recreation commission for

the administration and coordination of this chapter.

(2) The moneys collected by the department as snowmobile

registration fees, monetary civil penalties from snowmobile dealers,

and fuel tax moneys placed into the account must be distributed in

the following manner:

(a) Actual expenses not to exceed three percent for each year

must be retained by the department to cover expenses incurred in the

administration of the registration and fuel tax provisions of this

chapter; and

(b) The remainder of funds each year must be remitted to the

state treasurer to be deposited into the snowmobile account of the

general fund and must be appropriated only to the commission to be

expended for snowmobile purposes. Purposes may include, but not

necessarily be limited to, the administration, acquisition,

development, operation, and maintenance of snowmobile facilities

and development and implementation of snowmobile safety,

enforcement, and education programs.

(3) This section is not intended to discourage any public agency

in this state from developing and implementing snowmobile

programs. The commission may award grants to public agencies

and contract with any public or private agency or person for the

purpose of developing and implementing snowmobile programs, as

long as the programs are not inconsistent with the rules adopted by

the commission.

PART IX. TAXES

Sec. 901. RCW 35.95A.090 and 2002 c 248 s 10 are each


(1) Every authority has the power to fix and impose a fee, not to

exceed one hundred dollars per vehicle, for each vehicle that is

subject to relicensing tab fees under ((RCW 46.16.0621)) section

531(1) (a), (c), (d), (e), (g), (h), (j), or (n) through (q) of this act and

for each vehicle that is subject to ((RCW 46.16.070)) section 530 of

this act with ((an unladen)) a scale weight of six thousand pounds or

less, and that is determined by the department of licensing to be

registered within the boundaries of the authority area. The

department of licensing must provide an exemption from the fee for

any vehicle the owner of which demonstrates is not operated within

the authority area.

(2) The department of licensing will administer and collect the

fee. The department will deduct a percentage amount, as provided

by contract, not to exceed two percent of the taxes collected, for

administration and collection expenses incurred by it. The

remaining proceeds will be remitted to the custody of the state

treasurer for monthly distribution to the authority.

(3) The authority imposing this fee will delay the effective date

at least six months from the date the fee is approved by the qualified

voters of the authority area to allow the department of licensing to

implement administration and collection of the fee.

(4) Before any authority may impose any of the fees authorized

under this section, the authorization for imposition of the fees must

be approved by a majority of the qualified electors of the authority

area voting.



The special excise tax imposed under RCW 35.95A.080(1) will

be collected at the same time and in the same manner as relicensing

tab fees under ((RCW 46.16.0621)) section 531(1) (a), (c), (d), (e),

(g), (h), (j), and (n) through (q) of this act and RCW 35.95A.090.

Every year on January 1st, April 1st, July 1st, and October 1st the

department of licensing shall remit special excise taxes collected on

behalf of an authority, back to the authority, at no cost to the

authority. Valuation of motor vehicles for purposes of the special

excise tax imposed under RCW 35.95A.080(1) must be consistent

with chapter 82.44 RCW.



An agency and high capacity transportation corridor area may

impose a sales and use tax solely for the purpose of providing high

capacity transportation service, in addition to the tax authorized by

RCW 82.14.030, upon retail car rentals within the applicable

jurisdiction that are taxable by the state under chapters 82.08 and

82.12 RCW. The rate of tax shall not exceed 2.172 percent. The

base of the tax shall be the selling price in the case of a sales tax or

the rental value of the vehicle used in the case of a use tax.

Any motor vehicle excise tax previously imposed under the

provisions of RCW 81.104.160(1) shall be repealed, terminated, and

expire on December 5, 2002, except for a motor vehicle excise tax

for which revenues have been contractually pledged to repay a

bonded debt issued before December 5, 2002, as determined by

Pierce County et al. v. State, 159 Wn.2d 16, 148 P.3d 1002 (2006).

In the case of bonds that were previously issued, the motor vehicle


excise tax must comply with chapter 82.44 RCW as it existed on

January 1, 1996.



(1) In the collection of the use tax on ((motor)) vehicles, the

department of revenue may designate the county auditors of the

several counties of the state as its collecting agents. Upon such

designation, it shall be the duty of each county auditor to collect the

tax at the time an applicant applies for ((the registration of, and))

transfer of certificate of title to((,)) the ((motor)) vehicle, except ((in

the following instances)) when the applicant:

(a) ((Where the applicant)) Exhibits a dealer's report of sale

showing that the retail sales tax has been collected by the dealer;

(b) ((Where the application is for the renewal of registration;

(c) Where the applicant)) Presents a written statement signed by

the department of revenue, or its duly authorized agent showing that

no use tax is legally due; or

(((d) Where the applicant)) (c) Presents satisfactory evidence

showing that the retail sales tax or the use tax has been paid by the

applicant on the vehicle in question.

(2) ((The term "motor vehicle," as used in this section means

and includes all motor vehicles, trailers and semitrailers used, or of a

type designed primarily to be used, upon the public streets and

highways, for the convenience or pleasure of the owner, or for the

conveyance, for hire or otherwise, of persons or property, including

fixed loads, facilities for human habitation, and vehicles carrying

exempt licenses)) As used in this section, "vehicle" has the same

meaning as in RCW 46.04.670.

(3) It shall be the duty of every applicant for registration and

transfer of certificate of title who is subject to payment of tax under

this section to declare upon the application the value of the vehicle

for which application is made, which shall consist of the

consideration paid or contracted to be paid therefor.

(4) Each county auditor who acts as agent of the department of

revenue shall at the time of remitting vehicle license fee receipts on

((motor)) vehicles subject to the provisions of this section pay over

and account to the state treasurer for all use tax revenue collected

under this section, after first deducting as a collection fee the sum of

two dollars for each motor vehicle upon which the tax has been

collected. All revenue received by the state treasurer under this

section shall be credited to the general fund. The auditor's

collection fee shall be deposited in the county current expense fund.

A duplicate of the county auditor's transmittal report to the state

treasurer shall be forwarded forthwith to the department of revenue.

(5) Any applicant who has paid use tax to a county auditor under

this section may apply to the department of revenue for refund

thereof if he or she has reason to believe that such tax was not legally

due and owing. No refund shall be allowed unless application

therefor is received by the department of revenue within the

statutory period for assessment of taxes, penalties, or interest

prescribed by RCW 82.32.050(((3))) (4). Upon receipt of an

application for refund the department of revenue shall consider the

same and issue its order either granting or denying it and if refund is

denied the taxpayer shall have the right of appeal as provided in

RCW 82.32.170, 82.32.180, and 82.32.190.

(6) The provisions of this section shall be construed as

cumulative of other methods prescribed in chapters 82.04 ((to))

through 82.32 RCW, inclusive, for the collection of the tax imposed

by this chapter. The department of revenue shall have power to

promulgate such rules as may be necessary to administer the

provisions of this section. Any duties required by this section to be

performed by the county auditor may be performed by the director

of licensing but no collection fee shall be deductible by said director

in remitting use tax revenue to the state treasurer.

(7) The use tax revenue collected on the rate provided in RCW

82.08.020(3) shall be deposited in the multimodal transportation

account under RCW 47.66.070.



(1) The provisions of this chapter do not apply in respect to the

use of:

(a) Any airplane used primarily in (i) conducting interstate or

foreign commerce or (ii) providing intrastate air transportation by a

commuter air carrier as defined in RCW 82.08.0262;

(b) Any locomotive, railroad car, or watercraft used primarily in

conducting interstate or foreign commerce by transporting therein or

therewith property and persons for hire or used primarily in

commercial deep sea fishing operations outside the territorial waters

of the state;

(c) Tangible personal property that becomes a component part

of any such airplane, locomotive, railroad car, or watercraft in the

course of repairing, cleaning, altering, or improving the same; and

(d) Labor and services rendered in respect to such repairing,

cleaning, altering, or improving.


use by a nonresident of this state of any ((motor)) vehicle ((or

trailer)) used exclusively in transporting persons or property across

the boundaries of this state and in intrastate operations incidental

thereto when such ((motor)) vehicle ((or trailer)) is registered ((and

licensed)) in a foreign state and in respect to the use by a nonresident

of this state of any ((motor)) vehicle ((or trailer)) so registered ((and

licensed)) and used within this state for a period not exceeding

fifteen consecutive days under such rules as the department must

adopt. However, under circumstances determined to be justifiable

by the department a second fifteen day period may be authorized

consecutive with the first fifteen day period; and for the purposes of

this exemption the term "nonresident" as used herein includes a user

who has one or more places of business in this state as well as in one

or more other states, but the exemption for nonresidents applies only

to those vehicles which are most frequently dispatched, garaged,

serviced, maintained, and operated from the user's place of business

in another state.


use by the holder of a carrier permit issued by the interstate

commerce commission or its successor agency of any ((motor))

vehicle ((or trailer)) whether owned by or leased with or without

driver to the permit holder and used in substantial part in the normal

and ordinary course of the user's business for transporting therein

persons or property for hire across the boundaries of this state; and

in respect to the use of any ((motor)) vehicle ((or trailer)) while

being operated under the authority of a ((one-transit)) trip permit

issued by the director of licensing pursuant to RCW 46.16.160 (as

recodified by this act) and moving upon the highways from the point

of delivery in this state to a point outside this state; and in respect to

the use of tangible personal property which becomes a component

part of any ((motor)) vehicle ((or trailer)) used by the holder of a

carrier permit issued by the interstate commerce commission or its

successor agency authorizing transportation by motor vehicle across

the boundaries of this state whether such ((motor)) vehicle ((or

trailer)) is owned by or leased with or without driver to the permit

holder, in the course of repairing, cleaning, altering, or improving

the same; also the use of labor and services rendered in respect to

such repairing, cleaning, altering, or improving.



Any person who uses any motor vehicle fuel for the purpose of

operating any internal combustion engine not used on or in

conjunction with any motor vehicle ((licensed)) registered to be

operated ((over and along)) on any of the public highways, and as

the motive power thereof, upon which motor vehicle fuel excise tax



has been paid, shall be entitled to and shall receive a refund of the

amount of the motor vehicle fuel excise tax paid on each gallon of

motor vehicle fuel so used, whether such motor vehicle excise tax

has been paid either directly to the vendor from whom the motor

vehicle fuel was purchased or indirectly by adding the amount of

such excise tax to the price of such fuel. No refund shall be made

for motor vehicle fuel consumed by any motor vehicle as herein

defined that is required to be registered ((and licensed)) as provided

in chapter 46.16 RCW; and is operated ((over and along)) on any

public highway except that a refund shall be allowed for motor

vehicle fuel consumed:

(1) In a motor vehicle owned by the United States that is

operated off the public highways for official use; and

(2) By auxiliary equipment not used for motive power, provided

such consumption is accurately measured by a metering device that

has been specifically approved by the department or is established

by either of the following formulae:

(a) For fuel used in pumping fuel or heating oils by a power

take- off unit on a delivery truck, refund shall be allowed claimant

for tax paid on fuel purchased at the rate of three-fourths of one

gallon for each one thousand gallons of fuel delivered:

PROVIDED, That claimant when presenting his or her claim to the

department in accordance with the provisions of this chapter, shall

provide to said claim, invoices of fuel oil delivered, or such other

appropriate information as may be required by the department to

substantiate his or her claim; or

(b) For fuel used in operating a power take-off unit on a cement

mixer truck or load compactor on a garbage truck, claimant shall be

allowed a refund of twenty-five percent of the tax paid on all fuel

used in such a truck; and

(c) The department is authorized to establish by rule additional

formulae for determining fuel usage when operating other types of

equipment by means of power take-off units when direct

measurement of the fuel used is not feasible. The department is

also authorized to adopt rules regarding the usage of on board

computers for the production of records required by this chapter.

Sec. 907. RCW 82.38.100 and 2007 c 515 s 25 and 2007 c

419 s 17 are each reenacted and amended to read as follows:

(1) Any special fuel user operating a motor vehicle ((into)) in

this state for commercial purposes may ((make application)) apply

for a special fuel trip permit ((that shall be)). The permit:

(a) Is good for a period of three consecutive days beginning and

ending on the dates ((specified)) shown on the face of the permit

issued((, and));

(b) Is valid only for the vehicle for which it is issued((.

(2) Every permit shall));

(c) Must identify, as the department may require, the vehicle for

which it is issued; and ((shall))

(d) Must be completed in its entirety, signed, and dated by the

operator before operation of the vehicle on the public highways of

this state.

(2) Correction of data on the permit such as dates, vehicle license

number, or vehicle identification number invalidates the permit. A

violation of, or a failure to comply with, this subsection is a gross

misdemeanor.

(3) ((For each permit issued, there shall be collected a filing fee

of one dollar, an administrative fee of fifteen dollars, and an excise

tax of nine dollars. Such fees and tax shall be in lieu of the special

fuel tax otherwise assessable against the permit holder for importing

and using special fuel in a motor vehicle on the public highways of

this state, and no report of mileage shall be required with respect to

such vehicle. Trip permits will not be issued if the applicant has

outstanding fuel taxes, penalties, or interest owing to the state or has

had a special fuel license revoked for cause and the cause has not

been removed. Five dollars from every fifteen-dollar

administration fee shall be deposited into the state patrol highway

account and must be used for commercial motor vehicle inspections.

(4))) Blank special fuel trip permits may be obtained from field

offices of the department of transportation, department of licensing,

county auditors or other agents, or subagents appointed by the

department for the fee provided in section 535 (1)(f) and (4) of this

act. ((The department may appoint county auditors or businesses

as agents for the purpose of selling trip permits to the public.

County auditors or businesses so appointed may retain the filing fee

collected for each trip permit to defray expenses incurred in

handling and selling the permits.

(5) A surcharge of five dollars is imposed on the issuance of trip

permits. The portion of the surcharge paid by motor carriers must

be deposited in the motor vehicle fund for the purpose of supporting

vehicle weigh stations, weigh-in-motion programs, and the

commercial vehicle information systems and networks program.

The remaining portion of the surcharge must be deposited in the

motor vehicle fund for the purpose of supporting congestion relief

programs. All other fees and excise taxes collected by the

department for trip permits shall be credited and deposited in the

same manner as the special fuel tax collected under this chapter and

shall not be subject to exchange, refund, or credit.)) The fee is in lieu

of the special fuel tax otherwise assessable against the permit holder

for importing and using special fuel in a motor vehicle on the public

highways of this state. A report of mileage may not be required

with respect to the motor vehicle. Special fuel trip permits may not

be issued if the applicant has outstanding fuel taxes, penalties, or

interest owing to the state or has had a special fuel license revoked

for cause and the cause has not been removed.

(4) Special fuel trip permits are not subject to exchange, refund,

or credit.



(1) The motor vehicle excise tax authorized under this chapter

applies to the following vehicles:

(a) Commercial trailers, as defined in section 110 of this act;

(b) Farm trucks registered under RCW 46.16.090 (as recodified

by this act);

(c) Fixed load vehicles, as defined in section 116 of this act;

(d) Motor homes, as defined in RCW 46.04.305;

(e) Motor trucks, as defined in RCW 46.04.310, with a scale

weight greater than six thousand pounds;

(f) Motor vehicles, as defined in RCW 46.04.320; and

(g) Trailers, as defined in RCW 46.04.620.

(2) The motor vehicle excise tax authorized under this chapter

does not apply to the following vehicles:

(a) Campers, as defined in RCW 46.04.085;

(b) Dock and warehouse tractors and their cars or trailers;

(c) Equipment not designed primarily for use on public

highways;

(d) Exempt registered vehicles;

(e) Lumber carriers of the type known as spiders;

(f) Mobile homes, as defined in RCW 46.04.302;

(g) Passenger motor vehicles, as described in RCW 82.44.015;

(h) Travel trailers, as defined in RCW 46.04.623;

(i) Vehicles not used on the public highways; and

(j) Vehicles owned by nonresident military personnel of the

armed forces of the United States stationed in the state of

Washington if the nonresident military member was a nonresident

of this state when enlisted into military service.



((For the purposes of this chapter, in addition to the exclusions

under RCW 82.44.010, "motor vehicle" shall not include))


(1) Passenger motor vehicles used primarily for commuter ride

sharing and ride sharing for persons with special transportation

needs, as defined in RCW 46.74.010((. The registered owner of

one of these vehicles shall notify the department of licensing upon

termination of primary use of the vehicle in commuter ride sharing

or ride sharing for persons with special transportation needs and

shall be liable for the tax imposed by this chapter, prorated on the

remaining months for which the vehicle is licensed)), are not subject

to the motor vehicle excise tax authorized under this chapter.

(2) To qualify for the motor vehicle excise tax exemption, ((those))

passenger motor vehicles ((with)) must:

(a) Have a seating capacity of five or six passengers, including

the driver((,));

(b) Be used for commuter ride-sharing((, must));

(c) Be operated either within:

(i) The state's eight largest counties that are required to develop

commute trip reduction plans as directed by chapter 70.94 RCW; or

(ii) In other counties, or cities and towns within those counties, that

elect to adopt and implement a commute trip reduction plan((.

Additionally)); and

(d) Meet at least one of the following conditions ((must apply)):

(((1))) (i) The vehicle must be operated by a public

transportation agency for the general public; ((or (2)))

(ii) The vehicle must be used by a major employer, as defined in

RCW 70.94.524 as an element of its commute trip reduction

program for their employees; or (((3)))

(iii) The vehicle must be owned and operated by individual

employees and must be registered either with the employer as part of

its commute trip reduction program or with a public transportation

agency serving the area where the employees live or work.

Individual employee owned and operated motor vehicles will

require certification that the vehicle is registered with a major

employer or a public transportation agency. Major employers who

own and operate motor vehicles for their employees must certify

that the commuter ride- sharing arrangement conforms to a

carpool/vanpool element contained within their commute trip

reduction program.

(3) The registered owner of a passenger motor vehicle described in

subsection (2) of this section:

(a) Shall notify the department upon the termination of the

primary use of the vehicle in commuter ride sharing or ride sharing

for persons with special transportation needs; and

(b) Is liable for the motor vehicle excise tax imposed under this

chapter, prorated on the remaining months for which the vehicle is

registered.



(1) For the purpose of determining any locally imposed motor

vehicle excise tax, the value of a truck((-type power or trailing unit))

or trailer shall be the latest purchase price of the vehicle, excluding

applicable federal excise taxes, state and local sales or use taxes,

transportation or shipping costs, or preparatory or delivery costs,

multiplied by the following percentage based on year of service of

the vehicle since last sale. The latest purchase year shall be

considered the first year of service.

YEAR OF SERVICE PERCENTAGE

1 100

2 81

3 67

4 55

5 45

6 37

7 30

8 25

9 20

10 16

11 13

12 11

13 9

14 7

15 3

16 or older 0

(2) The reissuance of a certificate of title and registration

certificate for a truck((-type power or trailing unit)) or trailer

because of the installation of body or special equipment shall be

treated as a sale, and the value of the truck((-type power or trailing

unit)) or trailer at that time, as determined by the department from

such information as may be available, shall be considered the latest

purchase price.

(3) For the purpose of determining any locally imposed motor

vehicle excise tax, the value of a ((motor)) vehicle other than a

truck((-type power or trailing unit)) or trailer shall be eighty-five

percent of the manufacturer's base suggested retail price of the

vehicle when first offered for sale as a new vehicle, excluding any

optional equipment, applicable federal excise taxes, state and local

sales or use taxes, transportation or shipping costs, or preparatory or

delivery costs, multiplied by the applicable percentage listed in this

subsection (3) based on year of service of the vehicle.

If the manufacturer's base suggested retail price is unavailable

or otherwise unascertainable at the time of initial registration in this

state, the department shall determine a value equivalent to a

manufacturer's base suggested retail price as follows:

(a) The department shall determine a value using any

information that may be available, including any guidebook, report,

or compendium of recognized standing in the automotive industry

or the selling price and year of sale of the vehicle. The department

may use an appraisal by the county assessor. In valuing a vehicle

for which the current value or selling price is not indicative of the

value of similar vehicles of the same year and model, the department

shall establish a value that more closely represents the average value

of similar vehicles of the same year and model. The value

determined in this subsection (3)(a) shall be divided by the

applicable percentage listed in (b) of this subsection (3) to establish

a value equivalent to a manufacturer's base suggested retail price

and this value shall be multiplied by eighty-five percent.

(b) The year the vehicle is offered for sale as a new vehicle shall

be considered the first year of service.

YEAR OF SERVICE PERCENTAGE

1 100

2 81



3 72

4 63

5 55

6 47

7 41

8 36

9 32

10 27

11 26

12 24

13 23

14 21

15 16

16 or older 10

(4) For purposes of this chapter, value shall exclude value

attributable to modifications of a ((motor)) vehicle and equipment

that are designed to facilitate the use or operation of the ((motor))

vehicle by a person with a disability.



(1) Any locally imposed excise tax ((shall be)):

(a) Is due ((and payable to the department or its agents)) at the

time of registration of a ((motor)) vehicle((. Whenever an

application is made to the department or its agents for a license for a

motor vehicle there shall be collected,));

(b) Must be paid in full before any registration certificate or

license tab may be issued;

(c) Is in addition to ((the amount of the license fee or renewal

license fee, the amount of any locally imposed excise tax, and no

dealer's license or license plates, and no license or license plates for

a motor vehicle shall be issued unless such tax is paid in full.

Locally imposed excise taxes shall)) any other vehicle license fees

required by law;

(d) Must be collected by the department, county auditor or other

agent, or subagent appointed by the director of licensing before

issuing the registration certificate;

(e) Must be collected for each registration year((. Any locally

imposed excise tax upon a motor vehicle licensed for the first time in

this state shall)); and

(f) Must be levied for one full registration year ((commencing))

beginning on the date of the calendar year designated by the

department and ending on the same date of the next succeeding

calendar year. For vehicles registered under chapter 46.87 RCW,

proportional registration, and for vehicle dealer plates issued under

chapter 46.70 RCW, the registration year is the period provided in

those chapters. However, the tax shall in no case be less than two

dollars except for proportionally registered vehicles.

(2) A ((motor)) vehicle ((shall be)) is deemed ((licensed)) registered

for the first time in this state when ((such)) the vehicle was not

previously ((licensed)) registered by this state for the registration

year immediately preceding the registration year in which the

application for ((license)) registration is made or when the vehicle

has been registered in another jurisdiction subsequent to any prior

registration in this state.

((No)) (3) An additional tax ((shall)) may not be imposed under

this chapter ((upon)) on any vehicle ((upon the transfer of ownership

thereof)) when the certificate of title is being transferred if the tax

((imposed with respect to such vehicle)) has already been paid for

the registration year or fraction of a registration year in which

transfer of ownership occurs.



If the department determines a value for a ((motor)) vehicle

equivalent to a manufacturer's base suggested retail price or the

value of a truck((-type power or trailing unit)) or trailer under RCW

82.44.035, any person who pays a locally imposed tax for that

vehicle may appeal the valuation to the department under chapter

34.05 RCW. If the taxpayer is successful on appeal, the department

shall refund the excess tax in the manner provided in RCW

82.44.120.



It ((shall be)) is unlawful for the county auditor or any other

person to issue a dealer's license or dealer's license plates or a

((license)) registration or identification plates with respect to any

motor vehicle without collecting, with the required vehicle license

fee, the amount of any locally imposed motor vehicle excise tax due.

Any violation of this section shall constitute a gross misdemeanor.




appointed by the director of licensing shall give to each person

paying a locally imposed motor vehicle excise tax a receipt

((therefor which shall sufficiently designate and identify))

identifying the vehicle ((with respect to)) for which the tax is paid.

The receipt may be incorporated in the receipt given for the

((motor)) vehicle license fee or dealer's license fee paid.



(((1) Whenever any person has paid a motor vehicle license fee,

and together therewith has paid a locally imposed excise tax, and the

director determines that the payor is entitled to a refund of the entire

amount of the license fee as provided by law, then the payor shall

also be entitled to a refund of the entire excise tax collected under

the provisions of this chapter. In case the director determines that

any person is entitled to a refund of only a part of the license fee so

paid, the payor shall be entitled to a refund of the difference, if any,

between the excise tax collected and that which should have been

collected.

(2) In case no claim is to be made for the refund of the license

fee or any part thereof, but claim is made by any person that he or

she has paid an erroneously excessive amount of excise tax, the

department shall determine in the manner generally provided in this

chapter the amount of such excess, if any, that has been paid and

shall certify to the state treasurer that such person is entitled to a

refund in such amount.

(3) In any case where due to error, a person has been required to

pay an excise tax pursuant to this chapter and a vehicle license fee

pursuant to Title 46 RCW which amounts to an overpayment of ten

dollars or more, such person shall be entitled to a refund of the entire

amount of such overpayment, regardless of whether or not a refund

of the overpayment has been requested. Conversely, if due to error,

the department or its agents has failed to collect the full amount of

the license fee and excise tax due, which underpayment is in the

amount of ten dollars or more, the department shall charge and

collect such additional amount as will constitute full payment of the

tax.


(4) Any claim for refund of an erroneously excessive amount of

excise tax or overpayment of excise tax with a motor vehicle license

fee must be filed with the director within three years after the

claimed erroneous payment was made.

(5) If the department approves the claim it shall notify the state

treasurer to that effect, and the treasurer shall make such approved

refunds from the general fund and shall mail or deliver the same to

the person entitled thereto.

(6) Any person making any false statement under which he or

she obtains any amount of refund to which he or she is not entitled

under the provisions of this section is guilty of a gross misdemeanor.

(7))) (1) Refunds of locally imposed motor vehicle excise taxes

must be handled in the same manner and under the same terms and

conditions as provided in RCW 46.68.010.

(2) A claim for a refund may be made by a person who:

(a) Is not seeking a full refund; and

(b) Believes the amount of the locally imposed motor vehicle

excise tax paid was incorrect or too much.

(3) When a claim for a refund is made as provided in subsection

(2) of this section, the department shall:

(a) Determine the amount of the locally imposed motor vehicle

excise tax that had been greater than the amount actually due, if any;

and

(b) Certify to the state treasurer the amount of the partial refund

due.

(4) Before a local government subject to this chapter may

impose a motor vehicle excise tax, the local government shall

contract with the department for reimbursement for any refunds paid

to a person by the treasurer.



(1) Public transportation benefit areas authorized to implement

passenger-only ferry service under RCW 36.57A.200 whose

boundaries (a) are on the Puget Sound, but (b) do not include an area

where a regional transit authority has been formed, may submit an

authorizing proposition to the voters and, if approved, may levy and

collect an excise tax, at a rate approved by the voters, but not

exceeding four- tenths of one percent on the value of every motor

vehicle owned by a resident of the taxing district, solely for the

purpose of providing passenger-only ferry service. The tax must be

collected only at the time of vehicle ((license)) registration renewal

under chapter 46.16 RCW. The tax will be imposed on vehicles

previously registered in another state or nation when they are

initially registered in this state. The tax will not be imposed at the

time of sale by a licensed vehicle dealer. In a county imposing a

motor vehicle excise tax surcharge under RCW 81.100.060, the

maximum tax rate under this section must be reduced to a rate equal

to four-tenths of one percent on the value less the equivalent motor

vehicle excise tax rate of the surcharge imposed under RCW

81.100.060. This rate does not apply to vehicles ((licensed))

registered under RCW 46.16.070 (as recodified by this act) with

((an unladen)) a scale weight more than six thousand pounds, or to

vehicles ((licensed)) registered under ((RCW 46.16.079, 46.16.085,

or)) section 528 of this act, section 531(1)(c) of this act, or RCW


(2) The department of licensing shall administer and collect the

tax in accordance with chapter 82.44 RCW. The department shall

deduct a percentage amount, as provided by contract, not to exceed

one percent of the taxes collected, for administration and collection

expenses incurred by it. The remaining proceeds must be remitted

to the custody of the state treasurer for monthly distribution to the

public transportation benefit area.

(3) The public transportation benefit area imposing this tax shall

delay the effective date at least six months from the date the fee is

approved by the qualified voters of the authority area to allow the

department of licensing to implement administration and collection

of the tax.

(4) Before an authority may impose a tax authorized under this

section, the authorization for imposition of the tax must be approved

by a majority of the qualified electors of the authority area voting on

that issue.



(1) Subject to the provisions of RCW 36.73.065, a

transportation benefit district under chapter 36.73 RCW may fix and

impose an annual vehicle fee, not to exceed one hundred dollars per

vehicle registered in the district, for each vehicle subject to vehicle

license ((tab)) fees under ((RCW 46.16.0621)) section 531(1) (a),

(c), (d), (e), (g), (h), (j), or (n) through (q) of this act and for each

vehicle subject to gross weight license fees under ((RCW

46.16.070)) section 530 of this act with ((an unladen)) a scale weight

of six thousand pounds or less.

(2)(a) A district that includes all the territory within the

boundaries of the jurisdiction, or jurisdictions, establishing the

district may impose by a majority vote of the governing board of the

district up to twenty dollars of the vehicle fee authorized in

subsection (1) of this section. If the district is countywide, the

revenues of the fee shall be distributed to each city within the county

by interlocal agreement. The interlocal agreement is effective

when approved by the county and sixty percent of the cities

representing seventy-five percent of the population of the cities

within the county in which the countywide fee is collected.

(b) A district may not impose a fee under this subsection (2):

(i) For a passenger-only ferry transportation improvement

unless the vehicle fee is first approved by a majority of the voters

within the jurisdiction of the district; or

(ii) That, if combined with the fees previously imposed by

another district within its boundaries under RCW

36.73.065(4)(a)(i), exceeds twenty dollars.

If a district imposes or increases a fee under this subsection (2)

that, if combined with the fees previously imposed by another

district within its boundaries, exceeds twenty dollars, the district

shall provide a credit for the previously imposed fees so that the

combined vehicle fee does not exceed twenty dollars.

(3) The department of licensing shall administer and collect the

fee. The department shall deduct a percentage amount, as provided

by contract, not to exceed one percent of the fees collected, for

administration and collection expenses incurred by it. The

department shall remit remaining proceeds to the custody of the

state treasurer. The state treasurer shall distribute the proceeds to

the district on a monthly basis.

(4) No fee under this section may be collected until six months

after approval under RCW 36.73.065.

(5) The vehicle fee under this section applies only when

renewing a vehicle registration, and is effective upon the registration

renewal date as provided by the department of licensing.

(6) The following vehicles are exempt from the fee under this

section:

(a) Campers, as defined in RCW 46.04.085;

(b) Farm tractors or farm vehicles, as defined in RCW

46.04.180 and 46.04.181;

(((b))) (c) Mopeds, as defined in RCW 46.04.304;

(d) Off-road and nonhighway vehicles, as defined in ((RCW

46.09.020)) section 127 of this act;

(((c))) (e) Private use single-axle trailer, as defined in section

132 of this act;

(f) Snowmobiles, as defined in section 145 of this act; and

(g) Vehicles registered under chapter 46.87 RCW and the

international registration plan((; and

(d) Snowmobiles as defined in RCW 46.10.010)).



PART X. VESSELS

A. GENERAL PROVISIONS



Unless the context clearly requires otherwise, the definitions in

this section apply throughout this chapter.

(1) "Vessel" means every watercraft used or capable of being

used as a means of transportation on the water, other than a seaplane.

(2) "Owner" means a person who has a lawful right to

possession of a vessel by purchase, exchange, gift, lease,

inheritance, or legal action whether or not the vessel is subject to a

security interest, and means registered owner where the reference to

owner may be construed as either to registered or legal owner.

(3) "Dealer" means a person, partnership, association, or

corporation engaged in the business of selling vessels at wholesale

or retail in this state.

(4) "Department" means the department of licensing.

(5) "Director" means the director of the department of licensing.

(6) "Person" has the same meaning as in RCW 46.04.405.

(7) "Waters of this state" means any waters within the territorial

limits of this state as described in 43 U.S.C. Sec. 1312.




The department:

(1) Shall provide for the issuance of vessel certificates of title

and registration certificates;

(2) May appoint county auditors or other agents or subagents

under chapter 46.01 RCW for collecting fees and issuing vessel

registration certificates, numbers, and decals; and

(3) May adopt rules under chapter 34.05 RCW to implement

this chapter.



(1) The department may issue confidential vessel registrations

((for law enforcement purposes only)) to units of local government

and to agencies of the federal government for law enforcement

purposes only.

(2) The department shall limit confidential vessel registrations

owned or operated by the state of Washington or by any officer or

employee ((thereof)) of the state, to confidential, investigative, or

undercover work of state law enforcement agencies.

(3) The director may adopt rules governing applications for and

the use of confidential vessel registrations ((by law enforcement and

other public agencies)).




(1) Any person charged with the enforcement of this chapter

may inspect the registration certificate of a vessel to ascertain the

legal and registered ownership of the vessel. A vessel owner or

operator who fails to provide the registration certificate for

inspection upon the request of any person charged with enforcement

of this chapter is a class 2 civil infraction.

(2) The department may require the inspection of vessels that

are brought into this state from another state and for which a

certificate of title has not been issued and for any other vessel if the

department determines that inspection of the vessel will help to

verify the accuracy of the information set forth on the application.



(((1) Whenever any license fee paid under this chapter has been

erroneously paid, in whole or in part, the person paying the fee, upon

satisfactory proof to the director of licensing, is entitled to a refund

of the amount erroneously paid.

(2) A license fee is refundable in one or more of the following

circumstances: (a) If the vessel for which the renewal license was

purchased was destroyed before the beginning date of the

registration period for which the renewal fee was paid; (b) if the

vessel for which the renewal license was purchased was

permanently removed from the state before the beginning date of the

registration period for which the renewal fee was paid; (c) if the

vessel license was purchased after the owner has sold the vessel; (d)

if the vessel is currently licensed in Washington and is subsequently

licensed in another jurisdiction, in which case any full months of

Washington fees between the date of license application in the other

jurisdiction and the expiration of the Washington license are

refundable; or (e) if the vessel for which the renewal license was

purchased is sold before the beginning date of the registration period

for which the renewal fee was paid, and the payor returns the new,

unused, never affixed license renewal decal to the department before

the beginning of the registration period for which the registration

was purchased.

(3) Upon the refund being certified as correct to the state

treasurer by the director and being claimed in the time required by

law, the state treasurer shall mail or deliver the amount of each

refund to the person entitled to the refund.

(4) A claim for refund shall not be allowed for erroneous

payments unless the claim is filed with the director within three

years after such payment was made.

(5) If due to error a person has been required to pay a license fee

under this chapter and excise tax which amounts to an overpayment

of ten dollars or more, the person is entitled to a refund of the entire

amount of the overpayment, regardless of whether a refund of the

overpayment has been requested. If due to error the department or

its agents has failed to collect the full amount of the license fee and

excise tax due, which underpayment is in the amount of ten dollars

or more, the department shall charge and collect the additional

amount as will constitute full payment of the tax and fees.))

(1) A person who has paid all or part of a vessel registration fee

under this chapter is entitled to a refund if the amount was paid in

error or if the vessel:

(a) Was destroyed before the new registration period began;

(b) Was permanently removed from Washington state before

the new registration period began;

(c) Registration was purchased after the owner sold the vessel;

(d) Was registered in another jurisdiction after the Washington

state registration had been purchased. Any full months of

Washington state registration fees remaining after the application

for out-of- state registration was made are refundable; or

(e) Registration was purchased before the vessel was sold and

before the new registration period began. The person who paid the

fee must return the unused, never-affixed decals to the department

before the new registration period begins.

(2) The department shall refund overpayments of registration

fees and watercraft excise tax under chapter 82.49 RCW that are ten

dollars or more. A request for a refund is not required.

(3) The department shall certify refunds to the state treasurer as

correct and being claimed in the time required by law. The state

treasurer shall mail or deliver the amount of each refund to the

person who is entitled to the refund.

(4) The department shall not authorize refunds of fees paid in

error unless the claim is filed with the director within three years

after the fees were paid.

(5) If, due to error, the department, county auditor or other

agent, or subagent appointed by the director has failed to collect the

full amount of the registration fee and watercraft excise tax due, and

the underpayment is in the amount of ten dollars or more, the


department shall charge and collect the additional amount to

constitute full payment of the tax and fee.



section is guilty of a gross misdemeanor.



(1) Except as otherwise provided in this chapter, a violation of

this chapter and the rules adopted by the department ((pursuant to

these statutes)) is a misdemeanor punishable only by a fine not to

exceed one hundred dollars per vessel for the first violation.

Subsequent violations in the same year are subject to the following

fines:

(a) For the second violation, a fine of two hundred dollars per

vessel;

(b) For the third and successive violations, a fine of four

hundred dollars per vessel.

(2) A violation designated in this chapter as a civil infraction

((shall)) must be punished accordingly pursuant to chapter 7.80

RCW.

(3) After the subtraction of court costs and administrative

collection fees, moneys collected under this section ((shall)) must be

credited to the current expense fund of the arresting jurisdiction.

(4) All law enforcement officers ((shall have the authority to))

may enforce this chapter((,)) and the rules adopted by the

department ((pursuant to these statutes)) within their respective

jurisdictions((: PROVIDED, That)). A city, town, or county may

contract with a fire protection district for ((such)) enforcement of

this chapter, and fire protection districts ((are authorized to)) may

engage in ((such)) enforcement activities.



(1) It is a gross misdemeanor punishable as provided under chapter

9A.20 RCW for any person owning a vessel subject to taxation

under chapter 82.49 RCW to:

(a) Register a vessel in another state to avoid Washington state

vessel excise tax required under chapter 82.49 RCW; or ((to))

(b) Obtain a vessel dealer's ((registration)) license for the purpose of

evading excise tax on vessels under chapter 82.49 RCW.

(2) For a second or subsequent offense, the person convicted is also

subject to a fine equal to four times the amount of avoided taxes and

fees, ((no part of)) which may not be suspended or deferred.

(3) Excise taxes owed and fines assessed ((will)) must be deposited

in the manner provided under RCW 46.16.010(((4))) (6).



((No)) A suit or action ((shall ever)) may not be commenced or

prosecuted against the department ((of licensing)) or the state of

Washington by reason of any act done or omitted to be done in the

administration of the duties and responsibilities imposed upon the

department under this chapter ((88.02 RCW)).

B. CERTIFICATES OF TITLE



It is the intention of the legislature:

(1) To establish a system of certificates of title for vessels ((and

watercraft)) similar to that in existence for motor vehicles((. It is

the goal of this legislation that the title)) under chapter 46.12 RCW;

(2) That certificates of title become ((prima facie)) sufficient

evidence of ownership of the vessel it describes so that persons may

rely upon that certificate; and

(3) That security interest in vessels be perfected solely by notation of

a secured party upon the ((title)) certificate of title. ((However,

there are title certificates issued prior to June 30, 1985, which may

not indicate security interests in the certificated vessel. The

establishment of a more reliable system will require implementation

over several years, as the existing security interests are either

satisfied or their perfection is not continued. During this interim

period of five years from June 30, 1985, two different classes, class

A and class B, of title certificates will be in existence and issued by

the department of licensing. The establishment and operation of

the system for watercraft and vessels should be patterned upon the

system established and operating for motor vehicles and the

department of licensing is hereby authorized and directed to adopt

the regulations and procedures necessary and desirable to establish

such a similar system, excepting only as the same may be

inconsistent with this chapter.))



(1) ((The department shall provide for the issuance of vessel

certificates of title. Applications for certificates may be made

through the agents appointed under RCW 88.02.040. The fee for a

vessel certificate of title is five dollars. Fees required for licensing

agents under RCW 46.01.140 are in addition to the vessel certificate

of title fee. Fees for vessel certificates of title shall be deposited in

the general fund.)) Security interests in vessels subject to the

requirements of this chapter ((and attaching after July 1, 1983,

shall)) must be perfected only by indication upon the vessel's ((title))

certificate of title. The provisions of chapters 46.12 and 46.16

RCW relating to ((motor)) vehicle ((certificates of)) registration

certificates, certificates of title((s)), certificate issuance, ownership

transfer, and perfection of security interests, and other provisions

((which)) that may be applied to vessels subject to this chapter, may

be so applied by rule of the department if they are not inconsistent

with this chapter.

(2) ((Whenever a vessel is to be registered for the first time as

required by this chapter, except for a vessel having a valid marine

document as a vessel of the United States, application shall be made

at the same time for a certificate of title. Any person who purchases

or otherwise obtains majority ownership of any vessel subject to the

provisions of this chapter, except for a vessel having a valid marine

document as a vessel of the United States, shall within fifteen days

thereof apply for a new certificate of title which shows the vessel's

change of ownership.

(3))) Security interests may be released or acted upon as

provided by the law under which they arose or were perfected.

((No)) A new security interest or renewal or extension of an existing

security interest is not affected except as provided under the terms of

this chapter and RCW 46.12.095.

(((4) Notice shall be given to the issuing authority by the owner

indicated on the certificate of registration within fifteen days of the

occurrence of any of the following: Any change of address of

owner; destruction, loss, abandonment, theft, or recovery of the

vessel; or loss or destruction of a valid certificate of registration on

the vessel.

(5) Within five days, excluding Saturdays, Sundays, and state

and federal holidays, the owner shall notify the department in

writing, on the appropriate form, of the date of the sale or transfer,

the name and address of the owner and of the transferee, and such

description of the vessel, including the hull identification number,

the vessel decal number, or both, as may be required by the

department.))


chapter 88.02 RCW under the subchapter heading "certificates of

title" to read as follows:

(1) An application for a certificate of title must be made at the

same time when a vessel is registered for the first time as required

under this chapter.

(2) A person who purchases or otherwise obtains majority

ownership of any vessel subject to this chapter shall, within fifteen



days of purchase or obtainment, apply for a new certificate of title

that shows the vessel's change of ownership.

(3) This section does not apply to a vessel that has a valid

marine document as a vessel of the United States.



((Each)) (1) The application for a ((title)) certificate ((shall

require)) of title of a vessel must be made by the owner or the

owner's representative to the department, county auditor or other

agent, or subagent appointed by the director on a form furnished or

approved by the department and must contain:

(a) A description of the vessel, including make, model, hull

identification number, and type of body;


registered owner of the vessel and, if the vessel is subject to a

security interest, the name and address of the secured party; and

(c) Other information the department may require.

(2) The application for a certificate of title must be signed by the

person applying to be ((designated as)) the registered owner ((to

swear)) and be sworn to by that person under penalty of the perjury

laws of this state that ((he)):

(a) The applicant is the owner or an authorized agent of the

owner of the vessel((, and that it)); and

(b) The vessel is free of any claim of lien, mortgage, conditional

sale, or other security interest of any person except the person or

persons ((set forth in)) on the application as secured parties.

(3) The application for a certificate of title must be accompanied by:

(a) A draft, money order, certified bank check, or cash for all

fees and taxes due for the application for the certificate of title; and

(b) The most recent certificate of title or other satisfactory

evidence of ownership.




A vessel owner shall notify the department within fifteen days

of any of the following:

(1) A change of address of the owner;

(2) Destruction, loss, abandonment, theft, or recovery of the

vessel; or

(3) Loss or destruction of a valid registration certificate issued

for the vessel.




(1) A vessel owner shall notify the department in writing within

five business days after a vessel is or has been:

(a) Sold;

(b) Given as a gift to another person;

(c) Traded, either privately or to a vessel dealer;

(d) Donated to charity;

(e) Turned over to an insurance company or wrecking yard; or

(f) Disposed of.

(2) A report of sale is properly filed if it is received by the

department within five business days after the date of sale or transfer

and it includes:

(a) The date of sale or transfer;

(b) The owner's name and address;

(c) The name and address of the person acquiring the vessel;

(d) The vessel hull identification number and vessel registration

number; and

(e) A date stamp by the department showing it was received on

or before the fifth business day after the date of sale or transfer.



(((1) If a certificate of ownership, a certificate of registration, or

a pair of decals is lost, stolen, mutilated, or destroyed or becomes

illegible, the first priority secured party or, if none, the owner or

legal representative of the owner named in the certificate, as shown

by the records of the department, shall promptly apply for and may

obtain a duplicate certificate or replacement decals upon payment of

one dollar and twenty-five cents and furnishing information

satisfactory to the department.

(a) An application for a duplicate certificate of title shall be

accompanied by an affidavit of loss or destruction in a form

approved by the department and signed by the first secured party or,

if none, the owner or legal representative of the owner.

(b) An application for a duplicate certificate of registration or

replacement decals shall be accompanied by an affidavit of loss or

destruction in a form approved by the department and signed by the

registered owner or legal representative of the owner.

(2) The duplicate certificate of ownership or registration shall

contain the legend, "duplicate." It shall be mailed to the first

priority secured party named in it or, if none, to the owner.

(3) A person recovering an original certificate of ownership,

certificate of registration, or decal for which a duplicate or

replacement has been issued shall promptly surrender the original to

the department.))

(1) A legal owner or the legal owner's authorized representative

shall promptly apply for a duplicate certificate of title if a certificate

of title is lost, stolen, mutilated, or destroyed, or becomes illegible.

The application for a duplicate certificate of title must:

(a) Include information required by the department;

(b) Be accompanied by an affidavit of loss or destruction;

(c) Be accompanied by the fee required in section 1028(1)(j) of

this act.

(2) The duplicate certificate of title must contain the word

"duplicate." It must be mailed to the first priority secured party

named in it or, if none, to the registered owner.

(3) A person recovering a certificate of title for which a

duplicate has been issued shall promptly return the certificate of title

that has been recovered to the department.


chapter 88.02 RCW under subchapter heading "certificates of title"

to read as follows:

(1) A local health officer may notify the department that a vessel

has been:

(a) Declared unfit and prohibited from use as authorized in

chapter 64.44 RCW if the vessel has become contaminated as

defined in RCW 64.44.010;

(b) Satisfactorily decontaminated and the vessel has been

retested according to the written work plan approved by the local

health officer.

(2) The department shall brand vessel records and certificates of

title when it receives the notification from a local health officer as

provided in subsection (1) of this section.

(3) A person is guilty of a gross misdemeanor if he or she

advertises for sale or sells a vessel that has been declared unfit and

prohibited from use by a local health officer if:

(a) The person has knowledge that the local health officer has

issued an order declaring the vessel unfit and prohibiting its use; or

(b) A notification has been placed on the certificate of title under

subsection (2) of this section that the vessel has been declared unfit

and prohibited from use.

(4) A person may advertise or sell a vessel if a release for reuse

document has been issued by a local health officer under chapter

64.44 RCW or a notification has been placed on the certificate of

title under subsection (2) of this section that the vessel has been

decontaminated and released for reuse.


C. REGISTRATION CERTIFICATES



(1) Except as provided in this chapter, ((no)) a person may not own

or operate any vessel, including a rented vessel, on the waters of this

state unless the vessel has been registered and displays a registration

number and a valid decal in accordance with this chapter((, except

that)). A vessel ((which)) that has or is required to have a valid

marine document as a vessel of the United States is only required to

display a valid decal. A violation of this section is a class 2 civil

infraction.

(2) A vessel numbered in this state under the federal boat safety act

of 1971 (85 Stat. 213, 46 U.S.C. 4301 et seq.) is not required to be

registered under this chapter until the certificate of number issued

for the vessel under the federal boat safety act expires. When

registering under this chapter, this type of vessel is subject to the

amount of excise tax due under chapter 82.49 RCW that would have

been due under chapter 82.49 RCW if the vessel had been registered

at the time otherwise required under this chapter.



Vessel registration is required under this chapter except for the

following:

(1) A military ((or public)) vessel((s of)) owned by the United

States((, except recreational-type public vessels;

(2) Vessels)) government;

(2) A public vessel owned by the United States government,

unless the vessel is a type used for recreation;

(3) A vessel clearly identified as being:

(a) Owned by a state ((or subdivision thereof)), county, or city;

and

(b) Used ((principally)) primarily for governmental purposes

((and clearly identifiable as such));

(((3))) (4) A vessel((s)) either (a) registered or numbered under

the laws of a country other than the United States((;)) or (b) having a

valid United States customs service cruising license issued pursuant

to 19 C.F.R. Sec. 4.94. Either vessel is exempt from registration

only for the first sixty days of use on Washington state waters. On

or before the sixty-first day of use ((in the)) on Washington state

waters, any vessel in the state under this subsection ((shall)) must

obtain ((an identification document from the department of

licensing, its agents, or subagents indicating when the vessel first

came into the state. At the time of any issuance of an identification

document, a thirty dollar identification document fee shall be paid

by the vessel owner to the department of licensing for the cost of

providing the identification document by the department of

licensing. Five dollars from each such transaction must be

deposited in the derelict vessel removal account created in RCW

79.100.100. Any moneys remaining from the fee after the payment

of costs and the deposit to the derelict vessel removal account shall

be allocated to counties by the state treasurer for approved boating

safety programs under RCW 88.02.045. The department of

licensing shall adopt rules to implement its duties under this

subsection, including issuing and displaying the identification

document and collecting the thirty dollar fee)) a vessel visitor permit

as required under section 1026 of this act;

(((4))) (5) A vessel((s)) that ((have been issued)) is currently

registered or numbered under the laws of the state of principal

operation or that has been issued a valid number under federal law

((or by an approved issuing authority of the state of principal

operation. However, a vessel that is validly registered in another

state but that is removed to this state for principal use is subject to

registration under this chapter. The issuing authority for this state

shall recognize the validity of the numbers previously issued for a

period of sixty days after arrival in this state)). However, either

vessel must be registered in Washington state if the state of principal

operation changes to Washington state by the sixty-first day after the

vessel arrives in Washington state;

(((5))) (6) A vessel((s)) owned by a nonresident if:

(a) The vessel is located upon the waters of this state exclusively

for repairs, alteration, or reconstruction, or any testing related to

((the repair, alteration, or reconstruction conducted in this state if))

these services;

(b) An employee of the ((repair, alteration, or construction))

facility providing these services is on board the vessel during any

testing((. However, any vessel owned by a nonresident is located

upon the waters of this state exclusively for repairs, alteration,

reconstruction, or testing for a period longer than sixty days, that));

and

(c) The nonresident ((shall)) files an affidavit with the

department of revenue by the sixty-first day verifying that the vessel

is located upon the waters of this state for ((repair, alteration,

reconstruction, or testing and)) these services.

The nonresident shall continue to file ((such)) an affidavit every

sixty days thereafter, ((while)) as long as the vessel is located upon

the waters of this state exclusively for repairs, alteration,

reconstruction, or testing;

(((6))) (7) A vessel((s)) equipped with propulsion machinery of

less than ten horsepower that:

(a) ((Are)) Is owned by the owner of a vessel for which a valid

vessel number has been issued;

(b) Displays the number of that numbered vessel followed by

the suffix "1" in the manner prescribed by the department; and

(c) ((Are)) Is used as a tender for direct transportation between

((that)) the numbered vessel and the shore and for no other purpose;

(((7))) (8) A vessel((s)) under sixteen feet in overall length

((which have)) that has no propulsion machinery of any type or

((which are)) that is not used on waters subject to the jurisdiction of

the United States or on the high seas beyond the territorial seas for

vessels owned in the United States and are powered by propulsion

machinery of ten or less horsepower;

(((8))) (9) A vessel((s)) with no propulsion machinery of any

type for which the primary mode of propulsion is human power;

(((9))) (10) A vessel((s)) primarily engaged in commerce

((which have or are)) that has or is required to have a valid marine

document as a vessel of the United States. A commercial vessel((s

which)) that the department of revenue determines ((have)) has the

external appearance of a vessel((s which)) that would otherwise be

required to register under this chapter, must display decals issued

annually by the department of revenue that indicate the vessel's

exempt status;

(((10))) (11) A vessel((s)) primarily engaged in commerce

((which are)) that is owned by a resident of a country other than the

United States;

(((11))) (12) A vessel((s)) owned by a nonresident ((individual))

natural person brought into the state for ((his or her)) use or

enjoyment while temporarily within the state for not more than six

months in any continuous twelve-month period((, unless the vessel

is used in conducting a nontransitory business activity within the

state. However, the vessel must have)) that (a) is currently

registered or numbered under the laws of the state of principal use or

(b) has been issued a valid number under federal law ((or by an

approved issuing authority of the state of principal operation)).

This type of vessel is exempt from registration only for the first sixty

days of use on Washington state waters. On or before the sixty-first

day of use ((in the)) on Washington state waters, any vessel

((temporarily in the state)) under this subsection ((shall)) must

obtain ((an identification document from the department of

licensing, its agents, or subagents indicating when the vessel first

came into the state. An identification document shall be valid for a

period of two months. At the time of any issuance of an



identification document, a twenty-five dollar identification

document fee shall be paid by the vessel owner to the department of

licensing for the cost of providing the identification document by the

department of licensing. Any moneys remaining from the fee after

payment of costs shall be allocated to counties by the state treasurer

for approved boating safety programs under RCW 88.02.045. The

department of licensing shall adopt rules to implement its duties

under this subsection, including issuing and displaying the

identification document and collecting the twenty-five dollar fee)) a

nonresident vessel permit as required under section 1027 of this act;

((and

(12))) (13) A vessel((s)) used in this state by a nonresident

individual possessing a valid use permit issued under RCW

82.08.700 or 82.12.700; and

(14) A vessel held for sale by any licensed dealer.



(1) An application for ((a)) vessel registration ((shall)) must be

made by the owner or the owner's authorized representative to the

department ((or its authorized agent in the manner and upon forms

prescribed)), county auditor or other agent, or subagent appointed by

the director on a form furnished or approved by the department.

The application ((shall state)) must contain:

(a) The name and address of each owner of the vessel ((and

such));

(b) Other information ((as may be required by)) the

department((, shall be signed by)) may require; and

(c) The signature of at least one owner((, and shall be

accompanied by a vessel registration fee of ten dollars and fifty

cents per year and the excise tax imposed under chapter 82.49

RCW.

(2) Five additional dollars must be collected annually from

every vessel registration application. These moneys must be

distributed in the following manner:

(a) Two dollars must be deposited into the derelict vessel

removal account established in RCW 79.100.100. If the

department of natural resources indicates that the balance of the

derelict vessel removal account, not including any transfer or

appropriation of funds into the account or funds deposited into the

account collected under RCW 88.02.270, reaches one million

dollars as of March 1st of any year, the collection of the two-dollar

fee must be suspended for the following fiscal year.

(b) One dollar and fifty cents must be deposited in the aquatic

invasive species prevention account created in RCW 77.12.879.

(c) One dollar must be deposited into the freshwater aquatic

algae control account created in RCW 43.21A.667.

(d) Fifty cents must be deposited into the aquatic invasive

species enforcement account created in RCW 43.43.400.

(3) Any fees required for licensing agents under RCW

46.01.140 shall be in addition to the ten dollar and fifty cent annual

registration fee and the five-dollar fee created in subsection (2) of

this section)).

(((4))) (2) The application for vessel registration must be

accompanied by the:

(a) Vessel registration fee required under section 1028(1)(h) of

this act;

(b) Derelict vessel and invasive species removal fee and derelict

vessel removal surcharge required under section 1028(3)(a) of this

act;

(c) Filing fee required under section 1028(1)(d) of this act;

(d) License plate technology fee required under section

1028(1)(e) of this act;

(e) License service fee required under section 1028(1)(f) of this

act; and

(f) Watercraft excise tax required under chapter 82.49 RCW.

(3) Upon receipt of ((the)) an application for vessel registration

and the ((registration)) required fees and taxes, the department shall

assign a registration number and issue a decal for ((each)) the vessel.

The registration number and decal ((shall)) must be issued and

affixed to the vessel in a manner prescribed by the department

consistent with the standard numbering system for vessels ((set forth

in volume 33, part 174, of the code of federal regulations)) required

in 33 C.F.R. Part 174. A valid decal affixed as prescribed shall

indicate compliance with the annual registration requirements of

this chapter.

(((5) The)) (4) Vessel registrations and decals are valid for a

period of one year, except that the director ((of licensing)) may

extend or diminish vessel registration periods((,)) and ((the)) vessel

decals ((therefor,)) for the purpose of staggered renewal periods.

For registration periods of more or less than one year, the

department may collect prorated annual registration fees and excise

taxes based upon the number of months in the registration period.

(5) Vessel registrations are renewable every year in a manner

prescribed by the department upon payment of the ((vessel

registration fee, excise tax, and the derelict vessel fee)) fees and

taxes described in subsection (2) of this section. Upon renewing a

vessel registration, the department shall issue a new decal to be

affixed as prescribed by the department.

(6) When the department issues either a notice to renew a vessel

registration or a decal for a new or renewed vessel registration, it

shall also provide information on the location of marine oil

recycling tanks and sewage holding tank pumping stations. This

information will be provided to the department by the state parks

and recreation commission in a form ready for distribution. The

form ((will)) must be developed and prepared by the state parks and

recreation commission with the cooperation of the department of

ecology. The department, the state parks and recreation

commission, and the department of ecology shall enter into a

memorandum of agreement to implement this process.

(7) A person acquiring a vessel from a dealer or a vessel already

validly registered under this chapter shall, within fifteen days of the

acquisition or purchase of the vessel, apply to the department ((or its

authorized agent)), county auditor or other agent, or subagent

appointed by the director for transfer of the vessel registration, and

the application ((shall)) must be accompanied by a transfer fee ((of

one dollar)) as required in section 1028(1)(k) of this act.



(1) An application for a vessel registration ((shall)) must be made by

the owner or the owner's authorized representative to the department

((or its authorized agent in the manner and upon forms prescribed)),


on a form furnished or approved by the department. The

application ((shall state)) must contain:

(a) The name and address of each owner of the vessel ((and

such));

(b) Other information ((as may be required by)) the

department((, shall be signed by)) may require; and

(c) The signature of at least one owner((, and shall be

accompanied by a vessel registration fee of ten dollars and fifty

cents per year and the excise tax imposed under chapter 82.49

RCW. In addition, two additional dollars must be collected

annually from every vessel registration application. These moneys

must be deposited into the derelict vessel removal account

established in RCW 79.100.100. If the department of natural

resources indicates that the balance of the derelict vessel removal

account, not including any transfer or appropriation of funds into the

account or funds deposited into the account collected under RCW

88.02.270, reaches one million dollars as of March 1st of any year,

the collection of the two-dollar fee must be suspended for the


following fiscal year. Any fees required for licensing agents under

RCW 46.01.140 shall be in addition to the ten dollar and fifty cent

annual registration fee and the two-dollar derelict vessel fee)).

(2) The application for vessel registration must be accompanied by

the:

(a) Vessel registration fee required under section 1028(1)(h) of

this act;

(b) Derelict vessel and invasive species removal fee and derelict

vessel removal surcharge required under section 1028(3)(b) of this

act;

(c) Filing fee required under section 1028(1)(d) of this act;

(d) License plate technology fee required under section

1028(1)(e) of this act;

(e) License service fee required under section 1028(1)(f) of this

act; and

(f) Watercraft excise tax required under chapter 82.49 RCW.

(3) Upon receipt of ((the)) an application ((and the)) for vessel

registration and the required fees and taxes, the department shall

assign a registration number and issue a decal for each vessel. The

registration number and decal ((shall)) must be issued and affixed to

the vessel in a manner prescribed by the department consistent with

the standard numbering system for vessels ((set forth in volume 33,

part 174, of the code of federal regulations)) required in 33 C.F.R.

Part 174. A valid decal affixed as prescribed ((shall)) must indicate

compliance with the annual registration requirements of this

chapter.

((The)) (4) Vessel registrations and decals are valid for a period

of one year, except that the director ((of licensing)) may extend or

diminish vessel registration periods((,)) and ((the)) vessel decals

((therefor,)) for the purpose of staggered renewal periods. For

registration periods of more or less than one year, the department

may collect prorated annual registration fees and excise taxes based

upon the number of months in the registration period.

(5) Vessel registrations are renewable every year in a manner

prescribed by the department upon payment of the ((vessel

registration fee, excise tax, and the derelict vessel fee)) fees and

taxes described in subsection (2) of this section. Upon renewing a

vessel registration, the department shall issue a new decal to be

affixed as prescribed by the department.

(6) When the department issues either a notice to renew a vessel

registration or a decal for a new or renewed vessel registration, it

shall also provide information on the location of marine oil

recycling tanks and sewage holding tank pumping stations. This

information ((will)) must be provided to the department by the state

parks and recreation commission in a form ready for distribution.

The form ((will)) must be developed and prepared by the state parks

and recreation commission with the cooperation of the department

of ecology. The department, the state parks and recreation

commission, and the department of ecology shall enter into a

memorandum of agreement to implement this process.

(7) A person acquiring a vessel from a dealer or a vessel already

validly registered under this chapter shall, within fifteen days of the

acquisition or purchase of the vessel, apply to the department ((or its

authorized agent)), county auditor or other agent, or subagent

appointed by the director for transfer of the vessel registration, and

the application ((shall)) must be accompanied by a transfer fee ((of

one dollar)) as required in section 1028(1)(k) of this act.


chapter 88.02 RCW under the subchapter heading "registration

certificates" to read as follows:


representative shall promptly apply for a duplicate registration

certificate when a registration certificate is lost, stolen, mutilated, or

destroyed, or becomes illegible. The application for a duplicate

registration certificate must:

(a) Be accompanied by an affidavit of loss or destruction;

(b) Include information required by the department; and

(c) Be accompanied by the fee required in section 1028(1)(c) of

this act, in addition to any other fees or taxes required for the

transaction.

(2) A person recovering a registration certificate for which a

duplicate has been issued shall promptly return the registration

certificate that has been recovered to the department.


chapter 88.02 RCW under the subchapter heading "registration

certificates" to read as follows:


representative shall promptly apply for a pair of replacement decals

when the decals are lost, stolen, mutilated, or destroyed, or become

illegible. The application for replacement decals must:

(a) Be accompanied by an affidavit of loss or destruction;

(b) Include information required by the department;

(c) Be accompanied by the fee required in section 1028(1)(i) of

this act, in addition to any other fees or taxes required for the

transaction.

(2) A person recovering decals for which a replacement has

been issued shall promptly return the decals that have been

recovered to the department.



((In conjunction with the registration of vessels under this

chapter,)) The department shall provide an opportunity for each

person registering a vessel under this chapter to make a voluntary

donation to support the maritime historic restoration and

preservation activities of the Grays Harbor Historical Seaport and

the Steamer Virginia V Foundation. All voluntary donations

collected under this section ((shall)) must be deposited in the

maritime historic restoration and preservation account created under

RCW 88.02.053 (as recodified by this act).



(((1) Any new or used motor driven boat or vessel, as that term

is defined in RCW 79A.60.010, other than a personal watercraft,

sold within this state must display a carbon monoxide warning

sticker developed by the department on the interior of the vessel.

(2) For vessels sold by a dealer, the dealer shall ensure that the

warning sticker has been affixed prior to completing a transaction.

(3) For a vessel sold by an individual, the department shall

include the sticker in the registration materials provided to the new

owner, and the department shall notify the new owner that the

sticker must be affixed as described in subsection (1) of this section.

(4) A warning sticker already developed by a vessel

manufacturer may satisfy the requirements of this section if it has

been approved by the department. The department shall approve a

carbon monoxide warning sticker that has been approved by the

United States coast guard for similar uses in other states.))


(a) Develop and approve a carbon monoxide warning sticker;

(b) Approve a carbon monoxide warning sticker that has been

approved by the United States coast guard for similar uses in other

states;

(c) Provide the carbon monoxide warning sticker when an

application for a certificate of title is made and the ownership of the

vessel is transferred between natural persons; and

(d) Notify the new vessel owner described in (c) of this

subsection that the carbon monoxide sticker must be affixed to the

vessel as described in subsection (2) of this section.

(2) A new or used motor driven vessel, as defined in RCW

79A.60.010, other than a personal watercraft, as defined in RCW

79A.60.010, sold within this state must display a carbon monoxide

warning sticker as provided in subsection (1) of this section.

(3) A vessel dealer shall ensure that a carbon monoxide warning



sticker has been affixed to any vessel sold by the dealer before

completing the sale.

(4) A carbon monoxide warning sticker already developed by a

vessel manufacturer satisfies the requirements of this section if it has

been approved by the department.



The department shall include an informational brochure about

the dangers of carbon monoxide poisoning and vessels and the

warning stickers required ((by)) under RCW 88.02.250 (as

recodified by this act) as part of the registration materials mailed by

the department for two consecutive years for registrations that are

due or become due on or after January 1, 2007, ((and thereafter))

upon recommendation by the director ((of the department)). The

materials ((shall)) must instruct the vessel owner to affix the stickers

as required ((by)) under RCW 88.02.250 (as recodified by this act).

D. PERMITS


chapter 88.02 RCW under the subchapter heading "permits" to read

as follows:

(1) A vessel owner shall apply for a vessel visitor permit if the

vessel is:

(a) Currently registered or numbered under the laws of a

country other than the United States or has a valid United States

customs service cruising license issued under 19 C.F.R. Sec. 4.94;

and

(b) Being used on Washington state waters for the personal use

of the owner for more than sixty days.

(2) A vessel visitor permit:

(a) May be obtained from the department, county auditor or

other agent, or subagent appointed by the director;

(b) Must show the date the vessel first came into Washington

state; and

(c) Is valid as long as the vessel remains currently registered or

numbered under the laws of a country other than the United States or

the United States customs service cruising license remains valid.


appointed by the director shall collect the fee required in section

1028(1)(l) of this act when issuing a vessel visitor permit.

(4) The department shall adopt rules to implement this section,

including rules on issuing and displaying the vessel visitor permit.


chapter 88.02 RCW under the subchapter heading "permits" to read

as follows:

(1) A vessel owner who is a nonresident natural person shall

apply for a nonresident vessel permit on or before the sixty-first day

of use in Washington state if the vessel:

(a) Is currently registered or numbered under the laws of the

state of principal operation or has been issued a valid number under

federal law; and

(b) Has been brought into Washington state for personal use for

not more than six months in any continuous twelve-month period.

(2) A nonresident vessel permit:

(a) May be obtained from the department, county auditor or

other agent, or subagent appointed by the director;

(b) Must show the date the vessel first came into Washington

state; and

(c) Is valid for two months.


appointed by the director shall collect the fee required in section

1028(1)(g) of this act when issuing nonresident vessel permits.

(4) A nonresident vessel permit is not required under this

section if the vessel is used in conducting temporary business

activity within Washington state.

(5) The department shall adopt rules to implement this section,

including rules on issuing and displaying the nonresident vessel

permit.

E. TITLE/REGISTRATION FEES AND DISTRIBUTION


chapter 88.02 RCW under the subchapter heading "title/registration

fees and distribution" to read as follows:

(1) In addition to any other fees and taxes required by law, the


the director shall charge the following vessel fees:

FEE AMOUNT AUTHORITY DISTRIBUTION

(a) Dealer

temporary

permit

$5.00 RCW

88.02.184(2)

(as

recodified by

this act)

General fund

(b) Derelict

vessel and

invasive

species

removal

Subsection

(3) of this

section

Subsections

(3) and (4) of

this section

Subsection (3) of

this

section

(c) Duplicate

registration

$1.25 Section

1021(1)(c) of

this

act

General fund

(d) Filing Section

501 of this

act

Section 501 of

this act

Section 820 of

this act

(e) License

plate

technology

Section

502 of this

act

Section 502 of

this act

Section 819 of

this act

(f) License

service

Section

503 of this

act

Section 503 of

this act

RCW 46.68.220

(g)

Nonresident

vessel

permit

$25.00 Section

1027(3) of this

act

Subsection (6) of

this

section

(h)

Registration

$10.50 RCW

88.02.050(2)

(as

recodified by

this act)

General fund

(i)

Replacement

decal

$1.25 Section

1022(1)(c) of

this

act

General fund

(j) Title

application

$5.00 RCW

88.02.180 (as

recodified by

this act)

General fund

(k) Transfer $1.00 RCW

88.02.050(7)

(as

recodified by

this act)

General fund

(l) Vessel

visitor

$30.00 Section

1026(3) of this

General fund


permit act

(2) The five dollar dealer temporary permit fee required in

subsection (1) of this section must be credited to the payment of

registration fees at the time application for registration is made.

(3)(a) Until June 30, 2012, the derelict vessel and invasive

species removal fee required in subsection (1) of this section is five

dollars and must be distributed as follows:

(i) One dollar and fifty cents must be deposited in the aquatic

invasive species prevention account created in RCW 77.12.879;

(ii) One dollar must be deposited into the freshwater aquatic

algae control account created in RCW 43.21A.667;

(iii) Fifty cents must be deposited into the aquatic invasive

species enforcement account created in RCW 43.43.400; and

(iv) Two dollars must be deposited in the derelict vessel

removal account created in RCW 79.100.100.

(b) On and after June 30, 2012, the derelict vessel and invasive

species removal fee is two dollars and must be deposited into the

derelict vessel removal account created in RCW 79.100.100. If the

department of natural resources indicates that the balance of the

derelict vessel removal account, not including any transfer or

appropriation of funds into the account or funds deposited into the

account collected under subsection (5) of this section reaches one

million dollars as of March 1st of any year, the collection of the two

dollar derelict vessel and invasive species removal fee must be

suspended for the following fiscal year.

(4) Until January 1, 2014, an annual derelict vessel removal

surcharge of one dollar must be charged with each vessel

registration. The surcharge:

(a) Is to address the significant backlog of derelict vessels

accumulated in Washington state waters that pose a threat to the

health and safety of the people and to the environment;

(b) Is to be used only for the removal of vessels that are less than

seventy-five feet in length; and

(c) Must be deposited into the derelict vessel removal account


(5) The twenty-five dollar nonresident vessel permit fee must be

paid by the vessel owner to the department for the cost of providing

the identification document by the department. Any moneys

remaining from the fee after the payment of costs must be allocated

to counties by the state treasurer for approved boating safety

programs under RCW 88.02.045 (as recodified by this act).

(6) The thirty dollar vessel visitor permit fee must be distributed

as follows:

(a) Five dollars must be deposited in the derelict vessel removal

account created in RCW 79.100.100;

(b) The department may keep an amount to cover costs for

providing the vessel visitor permit;

(c) Any moneys remaining must be allocated to counties by the

state treasurer for approved boating safety programs under RCW

88.02.045 (as recodified by this act); and

(d) Any fees required for licensing agents under section 501 of

this act are in addition to any other fee or tax due for the titling and

registration of vessels.



((The department shall provide for the issuance of vessel

registrations and may appoint agents for collecting fees and issuing

registration numbers and decals.)) General fees for vessel

registrations collected by the director ((shall)) must be deposited in

the general fund((: PROVIDED, That)). Any amount above one

million one hundred thousand dollars per fiscal year ((shall)) must

be allocated to counties by the state treasurer for boating

safety/education and law enforcement programs ((and the fee

collected specifically for the removal and disposal of derelict vessels

must be deposited in the derelict vessel removal account created in

RCW 79.100.100)). Eligibility for boating safety/education and

law enforcement program allocations ((shall be)) is contingent

upon approval of the local boating safety program by the state parks

and recreation commission. Fund allocation ((shall)) must be

based on the numbers of registered vessels by county of moorage.

Each benefitting county ((shall be)) is responsible for equitable

distribution of such allocation to other jurisdictions with approved

boating safety programs within ((said)) the county. Any fees not

allocated to counties due to the absence of an approved boating

safety program((, shall)) must be allocated to the state parks and

recreation commission for awards to local governments to offset law

enforcement and boating safety impacts of boaters recreating in

jurisdictions other than where registered.



Jurisdictions receiving funds under RCW 88.02.040 (as

recodified by this act) shall deposit ((such)) the funds into an

account dedicated solely for supporting the jurisdiction's boating

safety programs. These funds ((shall)) may not ((supplant)) replace

existing local funds used for boating safety programs.



(1) The maritime historic restoration and preservation account is

created in the custody of the state treasurer. All receipts from the

voluntary donations made simultaneously with the registration of

vessels under this chapter ((88.02 RCW shall)) must be deposited

into this account. These deposits are not public funds and are not

subject to allotment procedures under chapter 43.88 RCW.

(2) At the end of each fiscal year, the state treasurer shall pay

from this account to the department ((of licensing)) an amount equal

to the reasonable administrative expenses of that agency for that

fiscal year for collecting the voluntary donations and transmitting

them to the state treasurer and shall pay to the state treasurer an

amount equal to the reasonable administrative expenses of that

agency for that fiscal year for maintaining the account and

disbursing funds from the account.

(3) At the end of each fiscal year, the state treasurer shall pay

one-half of the balance of the funds in the account after payment of

the administrative costs provided in subsection (2) of this section, to

the Grays Harbor historical seaport or its corporate successor and

the remainder to the Steamer Virginia V foundation or its corporate

successor.

(4) If either the Grays Harbor historical seaport and its corporate

successors or the Steamer Virginia V foundation and its corporate

successors legally ceases to exist, the state treasurer shall, at the end

of each fiscal year, pay the balance of the funds in the account to the

remaining organization.

(5) If both the Grays Harbor historical seaport and its corporate

successors and the Steamer Virginia V foundation and its corporate

successors legally cease to exist, the department ((of licensing))

shall discontinue the collection of the voluntary donations in

conjunction with the registration of vessels under RCW 88.02.052

(as recodified by this act), and the balance of the funds in the

account escheat to the state. If funds in the account escheat to the

state, one-half of the fund balance ((shall)) must be provided to the

((office)) department of archaeology and historic preservation, and

the remainder ((shall)) must be deposited into the parks renewal and

stewardship account.

(6) The secretary of state, the directors of the state historical

societies, the director of the ((office)) department of archaeology

and historic preservation within the department of ((community,

trade, and economic development)) commerce, and two members

representing the recreational boating community appointed by the

secretary of state, shall review the success of the voluntary donation

program for maritime historic restoration and preservation

established under RCW 88.02.052 ((and report their findings to the



appropriate legislative committees by January 31, 1998. The

findings must include the progress of the program and the potential

to expand the voluntary funding to other historic vessels)) (as

recodified by this act).

F. DEALER REGISTRATION



(((1) Each vessel dealer in this state shall register with the

department in the manner and upon forms prescribed by the

department, in accordance with rules adopted under chapter 34.05

RCW. After the completed vessel dealer application has been

satisfactorily filed and the applicant is eligible as determined by the

department's rules, the department shall, if no denial proceeding is in

effect, issue the vessel dealer's registration on the basis of staggered

annual expiration dates.

(2) Before issuing a vessel dealer's registration, the department

shall require the applicant to file with the department a surety bond

in the amount of five thousand dollars, running to the state of

Washington, and executed by a surety company authorized to do

business in the state of Washington. The bond shall be approved by

the attorney general as to form and conditioned that the dealer shall

conduct his business in conformity with the provisions of this

chapter. Any vessel consignor or purchaser who has suffered any

loss or damage by reason of any act or omission by a dealer that

constitutes a violation of this chapter may institute an action for

recovery against the dealer and the surety upon the bond.

Successive recoveries against the bond shall be permitted, but the

aggregate liability of the surety to all persons shall not exceed the

amount of the bond. Upon exhaustion of the penalty of the bond or

cancellation of the bond by the surety, the vessel dealer registration

shall automatically be deemed canceled.

(3) Vessel dealers selling fifteen vessels or fewer per year

having a retail value of no more than two thousand dollars each shall

not be subject to the provisions of subsection (2).

(4) For the fiscal biennium from July 1, 1987, through June 30,

1989, the registration fee for dealers shall be fifty dollars per year for

an original registration, and twenty-five dollars for any subsequent

renewal. In addition, a fee of twenty-five dollars shall be collected

for the first decal, fifteen dollars for each additional decal, and

fifteen dollars for each vessel dealer display decal replacement. In

ensuing biennia, the director shall establish the amount of such fees

at a sufficient level to defray the costs of administering the vessel

dealer registration program. All such fees shall be fixed by rule

adopted by the director in accordance with the Administrative

Procedure Act, chapter 34.05 RCW. All fees collected under this

section shall be deposited with the state treasurer and credited to the

general fund.))

(1) Each vessel dealer in this state shall:

(a) Obtain a vessel dealer license from the department in a

manner prescribed by the department in accordance with rules

adopted under chapter 34.05 RCW;

(b) File a surety bond in the amount of five thousand dollars,

running to the state of Washington. The surety bond must be:

(i) Issued by a surety company authorized to do business in the

state of Washington;

(ii) Approved by the attorney general as to form; and

(iii) Conditioned that the vessel dealer shall conduct business as

required under this chapter; and

(c) Pay the vessel dealer license and vessel dealer display decal

fees as provided by rules adopted by the department. All vessel

dealer license and vessel dealer display decal fees collected under

this section must be deposited with the state treasurer and credited to

the general fund.

(2) A vessel dealer selling fewer than sixteen vessels per year

having a retail value of no more than two thousand dollars each is

not required to file a bond as provided in subsection (1)(b) of this

section.

(3) The director shall establish by rule vessel dealer license and

vessel dealer display decal fees at a sufficient level to defray the

costs of administering the vessel dealer license program.

(4) The department shall issue vessel dealer licenses with

staggered annual expiration dates when:

(a) The completed vessel dealer application has been

satisfactorily filed;

(b) The department determines that the applicant is eligible as

determined by department rules; and

(c) No denial proceeding is in effect.

(5) A vessel consignor or purchaser who has suffered any loss or

damage by reason of an act or omission by a vessel dealer that

constitutes a violation of this chapter may institute an action for

recovery against the vessel dealer and the surety upon the bond.

Successive recoveries against the bond are permitted, but the

aggregate liability of the surety to all persons may not exceed the

amount of the bond. Upon exhaustion of the penalty of the bond or

cancellation of the bond by the surety, the vessel dealer license must

automatically be deemed canceled.

(6) Vessel dealer license numbers are not transferable.



(1) The department may exempt from compliance with the

vessel dealer requirements of this chapter, any person who is

engaged in the business of selling in this state at wholesale or retail,

human-powered watercraft ((which)) that is: (a) Under sixteen feet

in length; (b) unable to be powered by propulsion machinery or

wind propulsion as designed by the manufacturer; and (c) not

designed for use on commonly- used navigable waters.

(2) Any person engaged in the business of selling at wholesale

or retail, exempt and nonexempt watercraft under this section

((shall)) is only ((be)) required to comply with ((the provisions of))

this chapter in regard to the sale of nonexempt watercraft.

(3) An auction company licensed under chapter 18.11 RCW and

licensed as a motor vehicle dealer under chapter 46.70 RCW may

sell at auction, without ((registering)) being licensed as a vessel

dealer, all vessels that a vessel dealer is authorized to sell, so long as

the sale of vessels is incidental to the auction company's primary

source of business and the length of any vessel being sold is no

greater than twenty-five feet. The auction company shall comply

with all other vessel dealer requirements of this chapter and rules

adopted ((under this chapter)) by the department if the

((registration)) vessel dealer license fees and surety bond

requirements in RCW 88.02.060 (as recodified by this act) are

((waived)) determined to not be due.



(1) A vessel dealer ((shall)) must have and maintain an office in

which to conduct business at the business address of the dealer.

(2) The vessel dealer's place of business ((shall)) must be

identified by an exterior sign with the business name. In the

absence of other identifiers that the business conducted is a marine

business, the sign must identify the nature of the business, such as

marine sales, service, repair, or manufacturing.



(1) Except as otherwise provided in this chapter, the director may by

order deny, suspend, or revoke ((the registration of any)) a vessel

dealer license, or in lieu ((there))of or in addition ((there))to, may by

order assess monetary penalties of a civil nature not to exceed one


thousand dollars per violation, if the director finds that the applicant

or ((registrant)) licensee:

(((1))) (a) Is applying for a dealer's ((registration)) license or has

obtained a dealer's ((registration)) license for the purpose of evading

excise taxes on vessels; ((or

(2))) (b) Has been adjudged guilty of a felony that directly

relates to marine trade and the time elapsed since the adjudication is

less than ten years. For purposes of this section, "adjudged guilty"

means, in addition to a final conviction in court, an unvacated

forfeiture of bail or collateral deposited to secure a defendant's

appearance in court, the payment of a fine, a plea of guilty, or a

finding of guilt regardless of whether the sentence is deferred or the

penalty is suspended; ((or

(3))) (c) Has failed to comply with the trust account

requirements of this chapter; ((or

(4))) (d) Has failed to transfer a certificate of title to a purchaser

as required in this chapter; ((or

(5))) (e) Has misrepresented the facts at the time of application

for registration or renewal; or

(((6))) (f) Has failed to comply with applicable provisions of

this chapter or any rules adopted under it.

(2) The director may deny a vessel dealer license under this chapter

if the application is a subterfuge that conceals the real person in

interest whose vessel dealer license has been denied, suspended, or

revoked for cause under this chapter and (a) the terms have not been

fulfilled or a civil penalty has not been paid or (b) the director finds

that the application was not filed in good faith. This subsection

does not prevent the department from taking an action against a

current vessel dealer licensee.



Any person engaging in vessel dealer activities without first

obtaining a ((registration certificate)) vessel dealer license is guilty

of a gross misdemeanor.



(1) In addition to other penalties imposed ((by)) under this chapter

for unauthorized or personal use of vessel dealer display decals, the

director may:

(a) Confiscate all vessel dealer display decals for ((such)) a

period ((as)) that the director deems appropriate((, and in addition,

or in lieu of other sanctions, the director may)); and

(b) Impose a monetary penalty not exceeding twice the amount

of excise tax that should have been paid to properly register each

vessel ((properly)). ((A)) The monetary penalty ((assessment)):

(i) May be in addition to or in lieu of other sanctions; and

(ii) Is in addition to any fees owing to properly register each

vessel ((properly)).

(2) Any monetary penalty imposed or vessel dealer display decals

confiscated ((shall)) must be done in accordance with chapter 34.05

RCW. Any monetary penalty imposed by the director and the

delinquent excise taxes collected ((shall)) must be deposited in the

general fund.



The department shall immediately suspend the vessel

registration or vessel dealer's ((registration)) license of a person who

has been certified pursuant to RCW 74.20A.320 by the department

of social and health services as a person who is not in compliance

with a support order ((or a residential or visitation order)). If the

person has continued to meet all other requirements for

reinstatement during the suspension, reissuance of the registration

((shall)) must be automatic upon the department's receipt of a

release issued by the department of social and health services stating

that the licensee is in compliance with the order.



(1) A vessel dealer who receives cash or a negotiable instrument of

deposit in excess of one thousand dollars, or a deposit of any amount

that will be held for more than fourteen calendar days, shall place

the funds in a separate trust account.

(((1))) The cash or negotiable instrument must be:

(a) Set aside immediately upon receipt for the trust account, or

endorsed to ((such a)) the trust account immediately upon receipt((.

(2) The cash or negotiable instrument must be)); and

(b) Deposited in the trust account by the close of banking hours

on the day following the receipt.

(((3))) (2) After delivery of the purchaser's vessel, the vessel

dealer shall remove the deposited funds from the trust account.

(((4))) (3) The dealer shall not commingle the purchaser's funds

with any other funds at any time.

(((5))) (4) The funds ((shall)) must remain in the trust account

until the delivery of the purchased vessel. However, upon written

agreement from the purchaser, the vessel dealer may remove and

release trust funds before delivery.



(1) A vessel dealer shall complete and maintain for a period of at

least three years a record of the purchase and sale of all vessels

purchased or consigned and sold by the vessel dealer. Records

((shall)) must be made available for inspection by the department

during normal business hours.

(2) Before renewal of the vessel dealer ((registration)) license,

the department shall require, on the forms prescribed, a record of the

number of vessels sold during the ((registration)) license year.

Vessel dealers who assert that they qualify for the exemption

provided in RCW 88.02.060(((3))) (2) (as recodified by this act)

shall also record, on forms prescribed, the highest retail value of any

vessel sold in the ((registration)) license year.



(1) Vessel dealer display decals ((shall)) must only be used:

(((1))) (a) To demonstrate vessels held for sale when operated

by a prospective customer holding a dated demonstration permit((,

and shall)). The demonstration permit must be carried in the vessel

at all times when it is being operated by ((such individual)) a

prospective customer;

(((2))) (b) On vessels owned or consigned for sale that are ((in

fact)) available for sale and being used only for vessel dealer

business purposes by an officer of the corporation, a partner, a

proprietor, or by a bona fide employee of the firm ((if)). A card

((so)) identifying ((any such)) the individual ((is)) as described in

this section must be carried in the vessel at all times it is ((so)) being

operated.

(2) A vessel held for sale by a licensed vessel dealer is not required

to be registered and display a registration number and a valid vessel

decal.



(1) The department may authorize vessel dealers properly

((registered pursuant to)) licensed under this chapter to issue

temporary permits to operate vessels under ((such)) rules ((as))

adopted by the department ((adopts)).

(2) The ((fee)) department, county auditor or other agent, or

subagent appointed by the director shall collect the fee required

under section 1028(1)(a) of this act for each temporary permit

application ((distributed)) sold to an authorized vessel dealer ((shall

be five dollars, which shall be credited to the payment of registration

fees at the time application for registration is made)).





(1) A vessel dealer((s)) shall possess a certificate of

((ownership)) title, a manufacturer's statement of origin, a

carpenter's certificate, or a factory invoice or other evidence of

ownership approved by the department for each vessel in the vessel

dealer's inventory unless the vessel for sale is consigned or subject to

an inventory security agreement. Evidence of ownership ((shall))

must be either in the name of the dealer or in the name of the dealer's

immediate vendor properly assigned.

(2) A vessel dealer may display and sell consigned vessels or

vessels subject to an inventory security agreement if there is a

written and signed consignment agreement for each vessel or an

inventory security agreement covering all inventory vessels. The

consignment agreement ((shall)) must include verification by the

vessel dealer that evidence of ownership by the consignor exists and

its location, the name and address of the registered owner, and the

legal owner, if any. Vessels that are subject to an inventory security

interest ((shall)) must be supported with evidence of ownership that

is in the dealer's possession or the possession of the inventory

security party. Upon payment of the debt secured for that vessel,

the secured party shall deliver the ownership document,

appropriately released, to the dealer. It is the vessel dealer's

responsibility to ensure that ownership documents are available for

ownership transfer upon the sale of the vessel.

(3) Following the retail sale of any vessel, the dealer shall

promptly make application and execute the assignment and

warranty of the certificate of ((ownership)) title. ((Such)) The

assignment ((shall)) must show any secured party holding a security

interest created at the time of sale. The dealer shall deliver the

certificate of ((ownership)) of title and application for registration to


by the director.

G. WATERCRAFT EXCISE TAX



(1) An excise tax is imposed for the privilege of using a vessel

upon the waters of this state, except vessels exempt under RCW

82.49.020. The annual amount of the excise tax is one-half of one

percent of fair market value, as determined under this chapter, or

five dollars, whichever is greater. Violation of this subsection is a

misdemeanor.

(2) Persons who are required under chapter 88.02 RCW to

register a vessel in this state and who register the vessel in another

state or foreign country and avoid the Washington watercraft excise

tax are guilty of a gross misdemeanor and are liable for such unpaid

excise tax. The department of revenue may assess and collect the

unpaid excise tax under chapter 82.32 RCW, including the penalties

and interest provided in chapter 82.32 RCW.

(3) The excise tax upon a vessel registered for the first time in

this state shall be imposed for a twelve-month period, including the

month in which the vessel is registered, unless the director of

licensing extends or diminishes vessel registration periods for the

purpose of staggered renewal periods under RCW 88.02.050 (as

recodified by this act). A vessel is registered for the first time in

this state when the vessel was not registered in this state for the

immediately preceding registration year, or when the vessel was

registered in another jurisdiction for the immediately preceding

year. ((The excise tax on vessels required to be registered in this

state on June 30, 1983, shall be paid by June 30, 1983.))



(1) The excise tax imposed under this chapter is due and payable

to the department of licensing ((or its agents)), county auditor or

other agent, or subagent appointed by the director of the department

of licensing at the time of registration of a vessel. The department

of licensing shall not issue or renew a registration for a vessel until

the tax is paid in full.

(2) The excise tax collected under this chapter ((shall)) must be

deposited in the general fund.



(((1) Whenever any person has paid a vessel license fee, and

with the fee has paid an excise tax imposed under this chapter, and

the director of licensing determines that the payor is entitled to a

refund of the entire amount of the license fee as provided by law,

then the payor shall also be entitled to a refund of the entire excise

tax collected under this chapter together with interest at the rate

specified in RCW 82.32.060. If the director determines that any

person is entitled to a refund of only a part of the license fee paid, the

payor shall be entitled to a refund of the difference, if any, between

the excise tax collected and that which should have been collected

together with interest at the rate specified in RCW 82.32.060. The

state treasurer shall determine the amount of such refund by

reference to the applicable excise tax schedule prepared by the

department of revenue in cooperation with the department of

licensing.

(2) If no claim is to be made for the refund of the license fee, or

any part of the fee, but claim is made by any person that he or she

has paid an erroneously excessive amount of excise tax, the

department of licensing shall determine in the manner generally

provided in this chapter the amount of such excess, if any, that has

been paid and shall certify to the state treasurer that the person is

entitled to a refund in that amount together with interest at the rate

specified in RCW 82.32.060.

(3) If due to error a person has been required to pay an excise tax

pursuant to this chapter and a license fee under chapter 88.02 RCW

which amounts to an overpayment of ten dollars or more, such

person shall be entitled to a refund of the entire amount of such

overpayment, together with interest at the rate specified in RCW

82.32.060, regardless of whether a refund of the overpayment has

been requested. If due to error the department or its agents has

failed to collect the full amount of the license fee and excise tax due,

which underpayment is in the amount of ten dollars or more, the

department shall charge and collect such additional amount as will

constitute full payment of the tax and any penalties or interest at the

rate specified in RCW 82.32.050.

(4) If the department approves the claim, it shall notify the state

treasurer to that effect and the treasurer shall make such approved

refunds and the other refunds provided for in this section from the

general fund and shall mail or deliver the same to the person entitled

to the refund.



section is guilty of a gross misdemeanor.))

(1) Refunds of the excise tax imposed under this chapter must be

handled in the same manner and under the same terms and

conditions as provided in RCW 88.02.055 (as recodified by this act).

(2) The excise tax imposed under this chapter may be refunded

to the person who paid the excise tax at the same time the

registration fee under chapter 88.02 RCW was paid. The amount

of the excise tax that may be refunded includes:

(a) The entire amount of the excise tax, if the entire amount of

the registration fee is also refunded; or

(b) Any amount that was greater than the amount due.

(3) Excise tax refunds include interest at the rate specified in

RCW 82.32.060.

H. MISCELLANEOUS




(1) RCW 88.02.025 (Registration of vessels numbered under

the federal boat safety act) and 1984 c 250 s 3;

(2) RCW 88.02.028 (Registration of rented vessels--Dealer's

vessels--Dealer registration numbers not transferable) and 1987 c

149 s 5;

(3) RCW 88.02.090 (Inspection of registration--Violation of

chapter--Penalty) and 2006 c 29 s 2 & 1983 c 7 s 21;

(4) RCW 88.02.100 (Rule-making authority) and 1983 c 7 s 20;

(5) RCW 88.02.130 (Class A title certificates) and 1985 c 258 s

7;

(6) RCW 88.02.140 (Issuance of class A title

certificates--Required evidence) and 1985 c 258 s 8;

(7) RCW 88.02.150 (Issuance of class A title certificates--

Limitation) and 1985 c 258 s 9;

(8) RCW 88.02.160 (Class B title certificates) and 1985 c 258 s

2;

(9) RCW 88.02.170 (Class A and class B title certificates to

have apparent distinctions--Class B certificate to bear legend) and

1985 c 258 s 5;

(10) RCW 88.02.190 (Inspection of vessels) and 1985 c 258 s

10;

(11) RCW 88.02.235 (Denial of license) and 1997 c 432 s 3; and

(12) RCW 88.02.270 (Derelict vessel removal surcharge) and

2007 c 342 s 7.

PART XI. MISCELLANEOUS I



A dealer engages in an act of unlawful transfer of ownership

interest in motor vehicles when all of the following circumstances

are met:

(1) The dealer does not pay off any balance due to the secured

party on a vehicle acquired by the dealer, no later than the close of

the second business day after the acquisition date of the vehicle; and

(2) The dealer does not obtain a certificate of ((ownership)) title

under RCW 46.70.124 for each used vehicle kept in his or her

possession unless that certificate is in the possession of the person

holding a security interest in the dealer's inventory; and

(3) The dealer does not transfer the certificate of ((ownership))

title after the transferee has taken possession of the motor vehicle.

Sec. 1102. RCW 28B.10.890 and 1994 c 194 s 7 are each


A collegiate license plate fund is established in the custody of

the state treasurer for each college or university with a collegiate

license plate program approved by the department (([of licensing]))

of licensing under RCW 46.16.324 (as recodified by this act). All

receipts from collegiate license plates authorized under ((RCW

46.16.301 shall)) section 521 of this act must be deposited in the

appropriate local college or university nonappropriated, nonallotted

fund. Expenditures from the funds may be used only for student

scholarships. Only the president of the college or university or the

president's designee may authorize expenditures from the fund.

Sec. 1103. RCW 29A.04.037 and 2003 c 111 s 107 are each


"Disabled voter" means any registered voter who qualifies for

special parking privileges under ((RCW 46.16.381)) section 701 of

this act, or who is defined as blind under RCW 74.18.020, or who

qualifies to require assistance with voting under RCW 29A.44.240.

Sec. 1104. RCW 35A.46.010 and 1967 ex.s. c 119 s

35A.46.010 are each amended to read as follows:

The provisions of Title 46 ((of the Revised Code of

Washington)) RCW relating to regulation of motor vehicles shall be

applicable to code cities((,)) and its officers and employees to the

same extent as such provisions grant powers and impose duties upon

cities of any class((,)) and their officers and agents, including

without limitation the following: (1) Authority to provide for angle

parking on certain city streets designated as forming a route of a

primary state highway as authorized in RCW 46.61.575; (2)

application of city police regulations to port districts as authorized

by RCW 53.08.230; (3) authority to establish local regulations

relating to city streets forming a part of the state highway system as

authorized by RCW 46.44.080; (4) ((authority to install and operate

a station for the inspection of vehicle equipment in conformity with

rules, regulations, procedure and standards prescribed by the

Washington state patrol as authorized under RCW 46.32.030; (5)))

exemption from the payment of vehicle license fees for city owned

vehicles as authorized by RCW 46.16.020 (as recodified by this act)

and ((46.16.290)) section 422(8) of this act; (((6))) (5) authority to

establish traffic schools as provided by chapter 46.83 RCW; and

(((7))) (6) authority to enforce the provisions of RCW 81.48.050

relating to railroad crossings.



"Veteran" includes every person, who at the time he or she seeks

the benefits of section 613 of this act, section 619 of this act, or

RCW ((46.16.30920,)) 72.36.030, 41.04.010, 73.04.090,

((73.04.110,)) 73.08.010, 73.08.070, 73.08.080, or 43.180.250 has

received an honorable discharge or received a discharge for medical

reasons with an honorable record, where applicable, and who has

served in at least one of the following capacities:

(1) As a member in any branch of the armed forces of the United

States, including the national guard and armed forces reserves, and

has fulfilled his or her initial military service obligation;

(2) As a member of the women's air forces service pilots;

(3) As a member of the armed forces reserves, national guard, or

coast guard, and has been called into federal service by a

presidential select reserve call up for at least one hundred eighty

cumulative days;

(4) As a civil service crewmember with service aboard a U.S.

army transport service or U.S. naval transportation service vessel in

oceangoing service from December 7, 1941, through December 31,

1946;

(5) As a member of the Philippine armed forces/scouts during

the period of armed conflict from December 7, 1941, through

August 15, 1945; or

(6) A United States documented merchant mariner with service

aboard an oceangoing vessel operated by the department of defense,

or its agents, from both June 25, 1950, through July 27, 1953, in

Korean territorial waters and from August 5, 1964, through May 7,

1975, in Vietnam territorial waters, and who received a military

commendation.



(1) The veterans stewardship account is created in the custody

of the state treasurer. Disbursements of funds must be on the

authorization of the director or the director's designee, and only for

the purposes stated in subsection (4) of this section. In order to

maintain an effective expenditure and revenue control, funds are

subject in all respects to chapter 43.88 RCW, but no appropriation is

required to permit expenditure of the funds.

(2) The department may request and accept nondedicated

contributions, grants, or gifts in cash or otherwise, including funds

generated by the issuance of the armed forces license plate

collection under chapter ((46.16)) 46.... RCW (the new chapter

created in section 1224 of this act).

(3) All receipts((, except as provided in RCW 46.16.313(20) (a)

and (b),)) from the sale of armed forces license plates as required

under section 521(1)(b) of this act must be deposited into the

veterans stewardship account.



(4) All moneys deposited into the veterans stewardship account

must be used by the department for activities that benefit veterans or

their families, including but not limited to, providing programs and

services for homeless veterans; establishing memorials honoring

veterans; and maintaining a future state veterans' cemetery. Funds

from the account may not be used to supplant existing funds

received by the department.



The department ((shall be)) is responsible for administering and

recommending the improvement of the motor vehicle laws of this

state relating to:

(1) Driver examining and licensing;

(2) Driver improvement;

(3) Driver records;

(4) Financial responsibility;

(5) Certificates of ((ownership)) title;

(6) ((certificates of license)) Vehicle registration certificates and

license plates;

(7) Proration and reciprocity;

(8) Liquid fuel tax collections;

(9) Licensing of dealers, motor vehicle transporters, motor

vehicle wreckers, for hire vehicles, and drivers' schools;

(10) General highway safety promotion in cooperation with the

Washington state patrol and traffic safety commission; and

(11) Such other activities as the legislature may provide.



The department ((of licensing)) is vested with all powers,

functions, and duties with respect to and including the following:

(1) The motor vehicle fuel excise tax as provided in chapter

82.36 RCW;

(2) The special fuel tax as provided in chapter 82.38 RCW;

(3) The motor vehicle excise tax as provided in chapter 82.44

RCW;

(4) The ((house trailer)) travel trailers and campers excise tax as


(5) All general powers and duties relating to motor vehicles as


(6) Certificates of ((ownership)) title and registration certificates

as provided in chapters 46.12 and 46.16 RCW;

(7) The registration ((and licensing)) of motor vehicles as

provided in chapter((s 46.12 and)) 46.16 RCW;

(8) Dealers' licenses as provided in chapter 46.70 RCW;

(9) The licensing of motor vehicle transporters as provided in

chapter 46.76 RCW;

(10) The licensing of ((motor)) vehicle wreckers as provided in

chapter 46.80 RCW;

(11) The administration of the laws relating to reciprocal or

proportional registration of motor vehicles as provided in chapter

46.85 RCW;

(12) The licensing of passenger vehicles for hire as provided in

chapter 46.72 RCW;

(13) ((Operators')) Drivers' licenses as provided in chapter 46.20

RCW;

(14) Commercial driver training schools as provided in chapter

46.82 RCW;

(15) Financial responsibility as provided in chapter 46.29 RCW;

(16) Accident reporting as provided in chapter 46.52 RCW;

(17) Disposition of revenues as provided in chapter 46.68

RCW; and

(18) The administration of all other laws relating to motor

vehicles vested in the director of licenses on June 30, 1965.



The director shall prescribe and provide suitable forms of

applications, certificates of ((ownership)) title and registration

certificates, drivers' licenses, and all other forms and licenses

requisite or deemed necessary to carry out the provisions of this title

((46 RCW)) and any other laws the enforcement and administration

of which are vested in the department.



The title and registration advisory committee is created within

the department. The committee consists of the director or a

designee, who shall serve as chair, the assistant director for vehicle

services, the administrator of title and registration services, two

members from each of the house and senate transportation

committees, two county auditors nominated by the Washington

association of county officials, and two representatives of subagents

nominated by an association of vehicle subagents. The committee

shall meet at least twice a year, and may meet as often as is

necessary.

The committee's purpose is to foster communication between

the legislature, the department, county auditors, and subagents.

The committee shall make recommendations about revisions to fee

structures, implications of fee revisions on cost sharing, and the

development of standard contracts provided for in RCW

46.01.140(((3))) (1)(a) and (4)(a).



The provisions of this title relating to ((the)) certificates of

((ownership)) title, ((certificate of license)) registration certificates,

vehicle licenses, vehicle license plates, and ((vehicle operator's))

drivers' licenses shall be exclusive and no political subdivision of

the state of Washington shall require or issue any licenses or

certificates for the same or a similar purpose ((except as provided in

RCW 82.80.020)), nor shall any city or town in this state impose a

tax, license, or other fee upon vehicles operating exclusively

between points outside of such city or town limits, and to points

therein.



The director of general administration shall have power to

devise and promulgate rules and regulations for the control of

vehicular and pedestrian traffic and the parking of motor vehicles on

the state capitol grounds. However, the monetary penalty for

parking a motor vehicle without a valid special license plate or

placard in a parking place reserved for ((physically disabled))

persons with physical disabilities shall be the same as provided in

((RCW 46.16.381)) section 706 of this act. Such rules and

regulations shall be promulgated by publication in one issue of a

newspaper published at the state capitol and shall be given such

further publicity as the director may deem proper.



The following persons may operate a motor vehicle on a

Washington highway without a valid Washington driver's license:

(1) A member of the United States Army, Navy, Air Force,

Marine Corps, or Coast Guard, or in the service of the National

Guard of this state or any other state, if licensed by the military to

operate an official motor vehicle in such service;

(2) A nonresident driver who is at least:

(a) Sixteen years of age and has immediate possession of a valid

driver's license issued to the driver by his or her home state; or

(b) Fifteen years of age with:

(i) A valid instruction permit issued to the driver by his or her

home state; and

(ii) A licensed driver who has had at least five years of driving

experience occupying a seat beside the driver; or


(c) Sixteen years of age and has immediate possession of a valid

driver's license issued to the driver by his or her home country. A

nonresident driver may operate a motor vehicle in this state under

this subsection (2)(c) for up to one year;

(3) Any person operating special highway construction

equipment as defined in ((RCW 46.16.010)) section 144 of this act;

(4) Any person while driving or operating any farm tractor or

implement of husbandry that is only incidentally operated or moved

over a highway; or

(5) An operator of a locomotive upon rails, including a railroad

crossing over a public highway. A locomotive operator is not

required to display a driver's license to any law enforcement officer

in connection with the operation of a locomotive or train within this

state.



(1) Whenever the involvement in a motor vehicle accident in

this state results in the driving privilege of a person being suspended

for failure to pay a judgment or deposit security, the department

shall suspend the Washington registration of the motor vehicle if the

person driving at the time of the accident was also the registered

owner of the motor vehicle.

(2) A notice of suspension shall be mailed by first-class mail to

the owner's last known address of record in the department and shall

be effective notwithstanding the owner's failure to receive the

notice.

(3) Upon suspension of the registration of a motor vehicle, the

registered owner shall surrender all vehicle license plates registered

to the vehicle. The department shall destroy the license plates and,

upon reinstatement of the registration, shall issue new vehicle

license plates as provided in ((RCW 46.16.270)) section 422(9) of

this act.

(4) Failure to surrender license plates under subsection (3) of

this section is a misdemeanor punishable by imprisonment for not

less than one day nor more than five days and by a fine of not less

than fifty dollars nor more than two hundred fifty dollars.

(5) No vehicle license plates ((or)), certificate of ((ownership))

title, or registration certificate for a motor vehicle may be issued,

and no vehicle ((license)) registration may be renewed during the

time the registration of the motor vehicle is suspended.

(6) Any person who operates a vehicle in this state while the

registration of the vehicle is suspended is guilty of a gross

misdemeanor and upon conviction thereof shall be imprisoned for

not less than two days nor more than five days and fined not less

than one hundred dollars nor more than five hundred dollars.



(1)(a) No person may operate a motor vehicle subject to

registration under chapter 46.16 RCW in this state unless the person

is insured under a motor vehicle liability policy with liability limits

of at least the amounts provided in RCW 46.29.090, is self-insured

as provided in RCW 46.29.630, is covered by a certificate of deposit

in conformance with RCW 46.29.550, or is covered by a liability

bond of at least the amounts provided in RCW 46.29.090. Written

proof of financial responsibility for motor vehicle operation must be

provided on the request of a law enforcement officer in the format

specified under RCW 46.30.030.

(b) A person who drives a motor vehicle that is required to be

registered in another state that requires drivers and owners of

vehicles in that state to maintain insurance or financial responsibility

shall, when requested by a law enforcement officer, provide

evidence of financial responsibility or insurance as is required by the

laws of the state in which the vehicle is registered.

(c) When asked to do so by a law enforcement officer, failure to

display an insurance identification card as specified under RCW

46.30.030 creates a presumption that the person does not have motor

vehicle insurance.

(d) Failure to provide proof of motor vehicle insurance is a

traffic infraction and is subject to penalties as set by the supreme

court under RCW 46.63.110 or community restitution.

(2) If a person cited for a violation of subsection (1) of this

section appears in person before the court or a violations bureau and

provides written evidence that at the time the person was cited, he or

she was in compliance with the financial responsibility requirements

of subsection (1) of this section, the citation shall be dismissed and

the court or violations bureau may assess court administrative costs

of twenty-five dollars at the time of dismissal. In lieu of personal

appearance, a person cited for a violation of subsection (1) of this

section may, before the date scheduled for the person's appearance

before the court or violations bureau, submit by mail to the court or

violations bureau written evidence that at the time the person was

cited, he or she was in compliance with the financial responsibility

requirements of subsection (1) of this section, in which case the

citation shall be dismissed without cost, except that the court or

violations bureau may assess court administrative costs of

twenty-five dollars at the time of dismissal.

(3) The provisions of this chapter shall not govern:

(a) The operation of a motor vehicle registered under ((RCW

46.16.305(1))) section 623 of this act, governed by RCW 46.16.020

(as recodified by this act), or registered with the Washington utilities

and transportation commission as common or contract carriers; or

(b) The operation of a motorcycle as defined in RCW

46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a

moped as defined in RCW 46.04.304.

(4) RCW 46.29.490 shall not be deemed to govern all motor

vehicle liability policies required by this chapter but only those

certified for the purposes stated in chapter 46.29 RCW.



(1)(a) In addition to all other penalties provided by law, and

except as provided otherwise in (a)(i), (ii), or (iii) of this subsection,

a commercial motor vehicle that is subject to compliance reviews

under this chapter and an officer, agent, or employee of a company

operating a commercial motor vehicle who violates or who

procures, aids, or abets in the violation of this title or any order or

rule of the state patrol is liable for a penalty of one hundred dollars

for each violation.

(i) It is a violation of this chapter for a person operating a

commercial motor vehicle to fail to comply with the requirements of

49 C.F.R. Pt. 382, controlled substances and alcohol use and testing,

49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R.

Sec. 396.9(c)(2), moving a vehicle placed out of service before the

out of service defects have been satisfactorily repaired. For each

violation the person is liable for a penalty of five hundred dollars.

(ii) The driver of a commercial motor vehicle who violates an

out- of-service order is liable for a penalty of at least one thousand

one hundred dollars but not more than two thousand seven hundred

fifty dollars for each violation.

(iii) An employer who allows a driver to operate a commercial

motor vehicle when there is an out-of-service order is liable for a

penalty of at least two thousand seven hundred fifty dollars but not

more than eleven thousand dollars for each violation.

(iv) Each violation under this subsection (1)(a) is a separate and

distinct offense, and in case of a continuing violation every day's

continuance is a separate and distinct violation.

(b) In addition to all other penalties provided by law, any motor

carrier, company, or any officer or agent of a motor carrier or

company operating a commercial motor vehicle subject to

compliance reviews under this chapter who refuses entry or to make

the required records, documents, and vehicles available to a duly

authorized agent of the state patrol is liable for a penalty of at least



five thousand dollars as well as an out-of-service order being placed

on the department of transportation number, as defined in RCW

46.16.004 (as recodified by this act), and vehicle registration to

operate. Each violation is a separate and distinct offense, and in

case of a continuing violation every day's continuance is a separate

and distinct violation.

(c) A motor carrier operating a commercial motor vehicle after

receiving a final unsatisfactory rating or being placed out of service

is liable for a penalty of not more than eleven thousand dollars for

each violation. Each violation is a separate and distinct offense,

and in case of a continuing violation every day's continuance is a

separate and distinct violation.

(d) A high-risk carrier is liable for double the amount of the

penalty of a prior violation if the high-risk carrier repeats the same

violation during a follow-up compliance review. Each repeat

violation is a separate and distinct offense, and in case of a repeat

continuing violation every day's continuance is a separate and

distinct violation.

(2) The Washington state patrol may place an out-of-service

order on a department of transportation number, as defined in RCW

46.16.004 (as recodified by this act), for violations of this chapter or

for nonpayment of any monetary penalties assessed by the state

patrol or the utilities and transportation commission, as a result of

compliance reviews, or for violations of cease and desist orders

issued by the utilities and transportation commission. The state

patrol shall notify the department of licensing when an

out-of-service order has been placed on a motor carrier's department

of transportation number. The state patrol shall notify the motor

carrier when there has been an out- of- service order placed on the

motor carrier's department of transportation number and the vehicle

registrations have been revoked by sending a notice by first-class

mail using the last known address for the registered or legal owner

or owners, and recording the transmittal on an affidavit of first-class

mail. Notices under this section fulfill the requirements of RCW

46.12.160 (as recodified by this act). Motor carriers may not be

eligible for a new department of transportation number, vehicle

registration, or temporary permits to operate unless the violations

that resulted in the out-of-service order have been corrected.

(3) Any penalty provided in this section is due and payable

when the person incurring it receives a notice in writing from the

state patrol describing the violation and advising the person that the

penalty is due.

(a)(i) Any motor carrier who incurs a penalty as provided in this

section, except for a high-risk carrier that incurs a penalty for a

repeat violation during a follow-up compliance review, may, upon

written application, request that the state patrol mitigate the penalty.

An application for mitigation must be received by the state patrol

within twenty days of the receipt of notice.

(ii) The state patrol may decline to consider any application for

mitigation.

(b) Any motor carrier who incurs a penalty as provided in this

section has a right to an administrative hearing under chapter 34.05

RCW to contest the violation or the penalty imposed, or both. In all

such hearings, the procedure and rules of evidence are as specified

in chapter 34.05 RCW except as otherwise provided in this chapter.

Any request for an administrative hearing must be made in writing

and must be received by the state patrol within twenty days after the

later of (i) receipt of the notice imposing the penalty, or (ii)

disposition of a request for mitigation, or the right to a hearing is

waived.

(c) All penalties recovered under this section shall be paid into

the state treasury and credited to the state patrol highway account of

the motor vehicle fund.



The following fees, in addition to the regular license and

tonnage fees, shall be paid for all movements under special permit

made upon state highways. All funds collected, except the amount

retained by authorized agents of the department as provided in RCW

46.44.096, shall be forwarded to the state treasury and shall be

deposited in the motor vehicle fund:

All overlegal loads, except overweight, single

trip $ 10.00

Continuous operation of overlegal loads

having either overwidth or overheight

features only, for a period not to exceed

thirty days $ 20.00

Continuous operations of overlegal loads

having overlength features only, for a

period not to exceed thirty days $ 10.00

Continuous operation of a combination of

vehicles having one trailing unit that

exceeds fifty-three feet and is not

more than fifty-six feet in length, for

a period of one year $ 100.00

Continuous operation of a combination of

vehicles having two trailing units

which together exceed sixty-one feet and

are not more than sixty-eight feet in

length, for a period of one year $ 100.00

Continuous operation of a three-axle fixed

load vehicle having less than 65,000

pounds gross weight, for a period not

to exceed thirty days $ 70.00

Continuous operation of a four-axle fixed load

vehicle meeting the requirements of

RCW 46.44.091(1) and weighing less than

86,000 pounds gross weight, not to exceed

thirty days $ 90.00

Continuous movement of a mobile home or manufactured

home having nonreducible features not to

exceed eighty-five feet in total length and

fourteen feet in width, for a period of

one year $ 150.00

Continuous operation of a class C tow truck or a

class E tow truck with a class C rating while

performing emergency and nonemergency tows of

oversize or overweight, or both, vehicles and

vehicle combinations, under rules adopted by the

transportation commission, for a period of

one year $ 150.00

Continuous operation of a class B tow truck or a

class E tow truck with a class B rating while

performing emergency and nonemergency tows of

oversize or overweight, or both, vehicles and

vehicle combinations, under rules adopted by the

transportation commission, for a period of

one year $ 75.00

Continuous operation of a two or three-axle

collection truck, actually engaged in the

collection of solid waste or recyclables,

or both, under chapter 81.77 or 35.21 RCW

or by contract under RCW 36.58.090, for

one year with an additional six thousand

pounds more than the weight authorized in

RCW 46.16.070 (as recodified by this act)

on the rear axle of a two-axle

truck or eight thousand pounds for the tandem

axles of a three-axle truck. RCW 46.44.041

and 46.44.091 notwithstanding, the tire limits


specified in RCW 46.44.042 apply, but none of

the excess weight is valid or may be permitted

on any part of the federal interstate highway

system $ 42.00

per thousand pounds

The department may issue any of the above-listed permits that

involve height, length, or width for an expanded period of

consecutive months, not to exceed one year.

Continuous operation of farm implements under a permit issued

as authorized by RCW 46.44.140 by:

(1) Farmers in the course of farming activities,

for any three-month period $ 10.00

(2) Farmers in the course of farming activities,

for a period not to exceed one year $ 25.00

(3) Persons engaged in the business of the

sale, repair, or maintenance of such

farm implements, for any three-month period $ 25.00

(4) Persons engaged in the business of the

sale, repair, or maintenance of such

farm implements, for a period not to

exceed one year $ 100.00

Overweight Fee Schedule

Excess weight over legal capacity,

as provided in RCW 46.44.041.

Cost per mile.

0- 9,999 pounds ........................................ $ .07

10,000-14,999 pounds ........................................ $ .14

15,000-19,999 pounds ........................................ $ .21

20,000-24,999 pounds ........................................ $ .28

25,000-29,999 pounds ........................................ $ .35

30,000-34,999 pounds ........................................ $ .49

35,000-39,999 pounds ........................................ $ .63

40,000-44,999 pounds ........................................ $ .79

45,000-49,999 pounds ........................................ $ .93

50,000-54,999 pounds ........................................ $ 1.14

55,000-59,999 pounds ........................................ $ 1.35

60,000-64,999 pounds ........................................ $ 1.56

65,000-69,999 pounds ........................................ $ 1.77

70,000-74,999 pounds ........................................ $ 2.12

75,000-79,999 pounds ........................................ $ 2.47

80,000-84,999 pounds ........................................ $ 2.82

85,000-89,999 pounds ........................................ $ 3.17

90,000-94,999 pounds ........................................ $ 3.52

95,000-99,999 pounds ........................................ $ 3.87

100,000 pounds ........................................ $ 4.25

The fee for weights in excess of 100,000 pounds is $4.25 plus

fifty cents for each 5,000 pound increment or portion thereof

exceeding 100,000 pounds.

PROVIDED: (a) The minimum fee for any overweight permit

shall be $14.00, (b) the fee for issuance of a duplicate permit shall be

$14.00, (c) when computing overweight fees prescribed in this

section or in RCW 46.44.095 that result in an amount less than even

dollars the fee shall be carried to the next full dollar if fifty cents or

over and shall be reduced to the next full dollar if forty-nine cents or

under.

The fees levied in this section and RCW 46.44.095 do not apply

to vehicles owned and operated by the state of Washington, a county

within the state, a city or town or metropolitan municipal

corporation within the state, or the federal government.



(1) Any person moving a mobile home as defined in RCW

46.04.302 or a park model trailer as defined in RCW 46.04.622

upon public highways of the state must obtain:

(a) A special permit from the department of transportation and

local authorities pursuant to RCW 46.44.090 and 46.44.093 and

shall pay the proper fee as prescribed by RCW 46.44.0941 and

46.44.096; and

(b) For mobile homes constructed before June 15, 1976, and

already situated in the state: (i) A certification from the department

of labor and industries that the mobile home was inspected for fire

safety; or (ii) an affidavit in the form prescribed by the department

of ((community, trade, and economic development)) commerce

signed by the owner at the county treasurer's office at the time of the

application for the movement permit stating that the mobile home is

being moved by the owner for his or her continued occupation or

use; or (iii) a copy of the certificate of ((ownership or)) title together

with an affidavit signed under penalty of perjury by the certified

owner stating that the mobile home is being transferred to a

wrecking yard or similar facility for disposal. In addition, the

destroyed mobile home must be removed from the assessment rolls

of the county and any outstanding taxes on the destroyed mobile

home must be removed by the county treasurer.

(2) A special permit issued as provided in subsection (1) of this

section for the movement of any mobile home or a park model

trailer that is assessed for purposes of property taxes shall not be

valid until the county treasurer of the county in which the mobile

home or park model trailer is located shall endorse or attach his or

her certificate that all property taxes which are a lien or which are

delinquent, or both, upon the mobile home or park model trailer

being moved have been satisfied. Further, any mobile home or

park model trailer required to have a special movement permit under

this section shall display an easily recognizable decal. However,

endorsement or certification by the county treasurer and the display

of the decal is not required:

(a) When a mobile home or park model trailer is to enter the

state or is being moved from a manufacturer or distributor to a retail

sales outlet or directly to the purchaser's designated location or

between retail and sales outlets;

(b) When a signed affidavit of destruction is filed with the

county assessor and the mobile home or park model trailer is being

moved to a disposal site by a landlord as defined in RCW 59.20.030

after (i) the mobile home or park model trailer has been abandoned

as defined in RCW 59.20.030; or (ii) a final judgment for restitution

of the premises under RCW 59.18.410 has been executed in favor of

the landlord with regard to the mobile home or park model trailer.

The mobile home or park model trailer will be removed from the tax

rolls and, upon notification by the assessor, any outstanding taxes on

the destroyed mobile home or park model trailer will be removed by

the county treasurer; or



(c) When a signed affidavit of destruction is filed with the

county assessor by any mobile home or park model trailer owner or

any property owner with an abandoned mobile home or park model

trailer, the same shall be removed from the tax rolls and upon

notification by the assessor, any outstanding taxes on the destroyed

mobile home or park model trailer shall be removed by the county

treasurer.

(3) If the landlord of a mobile home park takes ownership of a

mobile home or park model trailer with the intent to resell or rent the

same under RCW 59.20.030 after (a) the mobile home or park

model trailer has been abandoned as defined in RCW 59.20.030; or

(b) a final judgment for restitution of the premises under RCW

59.18.410 has been executed in favor of the landlord with regard to

the mobile home or park model trailer, the outstanding taxes become

the responsibility of the landlord.

(4) It is the responsibility of the owner of the mobile home or

park model trailer subject to property taxes or the agent to obtain the

endorsement and decal from the county treasurer before a mobile

home or park model trailer is moved.

(5) This section does not prohibit the issuance of vehicle license

plates for a mobile home or park model trailer subject to property

taxes, but plates shall not be issued unless the mobile home or park

model trailer subject to property taxes for which plates are sought

has been listed for property tax purposes in the county in which it is

principally located and the appropriate fee for the license has been

paid.

(6) The department of transportation, the department of labor

and industries, and local authorities are authorized to adopt

reasonable rules for implementing the provisions of this section.

The department of transportation shall adopt rules specifying the

design, reflective characteristics, annual coloration, and for the

uniform implementation of the decal required by this section. ((By

January 1, 2006,)) The department of labor and industries shall

((also)) adopt procedures for notifying destination local jurisdictions

concerning the arrival of mobile homes that failed safety

inspections.



(1) The abandonment of any vehicle creates a prima facie

presumption that the last registered owner of record is responsible

for the abandonment and is liable for costs incurred in removing,

storing, and disposing of the abandoned vehicle, less amounts

realized at auction.

(2) If an unauthorized vehicle is found abandoned under

subsection (1) of this section and removed at the direction of law

enforcement, the last registered owner of record is guilty of the

traffic infraction of "littering--abandoned vehicle," unless the

vehicle is redeemed as provided in RCW 46.55.120. In addition to

any other monetary penalty payable under chapter 46.63 RCW, the

court shall not consider all monetary penalties as having been paid

until the court is satisfied that the person found to have committed

the infraction has made restitution in the amount of the deficiency

remaining after disposal of the vehicle under RCW 46.55.140.

(3) A vehicle theft report filed with a law enforcement agency

relieves the last registered owner of liability under subsection (2) of

this section for failure to redeem the vehicle. However, the last

registered owner remains liable for the costs incurred in removing,

storing, and disposing of the abandoned vehicle under subsection (1)

of this section. Nothing in this section limits in any way the

registered owner's rights in a civil action or as restitution in a

criminal action against a person responsible for the theft of the

vehicle.

(4) Properly filing a report of sale or transfer regarding the

vehicle involved in accordance with RCW 46.12.101 (1) through (3)

(as recodified by this act) relieves the last registered owner of

liability under subsections (1) and (2) of this section. If the date of

sale as indicated on the report of sale is on or before the date of

impoundment, the buyer identified on the latest properly filed report

of sale with the department is assumed liable for the costs incurred

in removing, storing, and disposing of the abandoned vehicle, less

amounts realized at auction. If the date of sale is after the date of

impoundment, the previous registered owner is assumed to be liable

for such costs. A licensed vehicle dealer is not liable under

subsections (1) and (2) of this section if the dealer, as transferee or

assignee of the last registered owner of the vehicle involved, has

complied with the requirements of RCW 46.70.122 upon selling or

otherwise disposing of the vehicle, or if the dealer has timely filed a

transitional ownership record or report of sale under RCW

46.12.103 (as recodified by this act). In that case the person to

whom the licensed vehicle dealer has sold or transferred the vehicle

is assumed liable for the costs incurred in removing, storing, and

disposing of the abandoned vehicle, less amounts realized at

auction.

(5) For the purposes of reporting notices of traffic infraction to

the department under RCW 46.20.270 and 46.52.101, and for

purposes of reporting notices of failure to appear, respond, or

comply regarding a notice of traffic infraction to the department

under RCW 46.63.070(6), a traffic infraction under subsection (2) of

this section is not considered to be a standing, stopping, or parking

violation.

(6) A notice of infraction for a violation of this section may be

filed with a court of limited jurisdiction organized under Title 3, 35,

or 35A RCW, or with a violations bureau subject to the court's

jurisdiction.

Sec. 1120. RCW 46.55.113 and 2007 c 242 s 1 and 2007 c 86

s 1 are each reenacted and amended to read as follows:

(1) Whenever the driver of a vehicle is arrested for a violation of

RCW 46.61.502, 46.61.504, 46.20.342, or 46.20.345, the vehicle is

subject to summary impoundment, pursuant to the terms and

conditions of an applicable local ordinance or state agency rule at

the direction of a law enforcement officer.

(2) In addition, a police officer may take custody of a vehicle, at

his or her discretion, and provide for its prompt removal to a place of

safety under any of the following circumstances:

(a) Whenever a police officer finds a vehicle standing upon the

roadway in violation of any of the provisions of RCW 46.61.560,

the officer may provide for the removal of the vehicle or require the

driver or other person in charge of the vehicle to move the vehicle to

a position off the roadway;

(b) Whenever a police officer finds a vehicle unattended upon a

highway where the vehicle constitutes an obstruction to traffic or

jeopardizes public safety;

(c) Whenever a police officer finds an unattended vehicle at the

scene of an accident or when the driver of a vehicle involved in an

accident is physically or mentally incapable of deciding upon steps

to be taken to protect his or her property;

(d) Whenever the driver of a vehicle is arrested and taken into

custody by a police officer;

(e) Whenever a police officer discovers a vehicle that the officer

determines to be a stolen vehicle;

(f) Whenever a vehicle without a special license plate, placard,

or decal indicating that the vehicle is being used to transport a

person with disabilities under ((RCW 46.16.381)) section 701 of

this act is parked in a stall or space clearly and conspicuously

marked under RCW 46.61.581 which space is provided on private

property without charge or on public property;

(g) Upon determining that a person is operating a motor vehicle

without a valid and, if required, a specially endorsed driver's license

or with a license that has been expired for ninety days or more;


(h) When a vehicle is illegally occupying a truck, commercial

loading zone, restricted parking zone, bus, loading, hooded-meter,

taxi, street construction or maintenance, or other similar zone where,

by order of the director of transportation or chiefs of police or fire or

their designees, parking is limited to designated classes of vehicles

or is prohibited during certain hours, on designated days or at all

times, if the zone has been established with signage for at least

twenty-four hours and where the vehicle is interfering with the

proper and intended use of the zone. Signage must give notice to

the public that a vehicle will be removed if illegally parked in the

zone;

(i) When a vehicle with an expired registration of more than

forty-five days is parked on a public street.

(3) When an arrest is made for a violation of RCW 46.20.342, if

the vehicle is a commercial vehicle and the driver of the vehicle is

not the owner of the vehicle, before the summary impoundment

directed under subsection (1) of this section, the police officer shall

attempt in a reasonable and timely manner to contact the owner of

the vehicle and may release the vehicle to the owner if the owner is

reasonably available, as long as the owner was not in the vehicle at

the time of the stop and arrest and the owner has not received a prior

release under this subsection or RCW 46.55.120(1)(a)(ii).

(4) Nothing in this section may derogate from the powers of

police officers under the common law. For the purposes of this

section, a place of safety may include the business location of a

registered tow truck operator.



(1) A registered tow truck operator who has a valid and signed

impoundment authorization has a lien upon the impounded vehicle

for services provided in the towing and storage of the vehicle, unless

the impoundment is determined to have been invalid. The lien does

not apply to personal property in or upon the vehicle that is not

permanently attached to or is not an integral part of the vehicle

except for items of personal property registered or titled with the

department. The registered tow truck operator also has a deficiency

claim against the registered owner of the vehicle for services

provided in the towing and storage of the vehicle not to exceed the

sum of five hundred dollars after deduction of the amount bid at

auction, and for vehicles of over ten thousand pounds gross vehicle

weight, the operator has a deficiency claim of one thousand dollars

after deduction of the amount bid at auction, unless the impound is

determined to be invalid. The limitation on towing and storage

deficiency claims does not apply to an impound directed by a law

enforcement officer. In no case may the cost of the auction or a

buyer's fee be added to the amount charged for the vehicle at the

auction, the vehicle's lien, or the overage due. A registered owner

who has completed and filed with the department the ((seller's))

report of sale as provided for ((by)) in RCW 46.12.101 (as

recodified by this act) and has timely and properly filed the

((seller's)) report of sale is relieved of liability under this section.

The person named as the new owner of the vehicle on the timely and

properly filed ((seller's)) report of sale shall assume liability under

this section.

(2) Any person who tows, removes, or otherwise disturbs any

vehicle parked, stalled, or otherwise left on privately owned or

controlled property, and any person owning or controlling the

private property, or either of them, are liable to the owner or

operator of a vehicle, or each of them, for consequential and

incidental damages arising from any interference with the

ownership or use of the vehicle which does not comply with the

requirements of this chapter.



(1) A city, town, or county that adopts an ordinance or

resolution concerning unauthorized, abandoned, or impounded

vehicles shall include the applicable provisions of this chapter.

(a) A city, town, or county may, by ordinance, authorize other

impound situations that may arise locally upon the public

right-of-way or other publicly owned or controlled property.

(b) A city, town, or county ordinance shall contain language that

establishes a written form of authorization to impound, which may

include a law enforcement notice of infraction or citation, clearly

denoting the agency's authorization to impound.

(c) A city, town, or county may, by ordinance, provide for

release of an impounded vehicle by means of a promissory note in

lieu of immediate payment, if at the time of redemption the legal or

registered owner requests a hearing on the validity of the

impoundment. If the municipal ordinance directs the release of an

impounded vehicle before the payment of the impoundment

charges, the municipality is responsible for the payment of those

charges to the registered tow truck operator within thirty days of the

hearing date.

(d) The hearing specified in RCW 46.55.120(2) and in this

section may be conducted by an administrative hearings officer

instead of in the district court. A decision made by an

administrative hearing officer may be appealed to the district court

for final judgment.

(2) A city, town, or county may adopt an ordinance establishing

procedures for the abatement and removal as public nuisances of

junk vehicles or parts thereof from private property. Costs of

removal may be assessed against the registered owner of the vehicle

if the identity of the owner can be determined, unless the owner in

the transfer of ownership of the vehicle has complied with RCW

46.12.101 (as recodified by this act), or the costs may be assessed

against the owner of the property on which the vehicle is stored. A

city, town, or county may also provide for the payment to the tow

truck operator or wrecker as a part of a neighborhood revitalization

program.

(3) Ordinances pertaining to public nuisances shall contain:

(a) A provision requiring notice to the last registered owner of

record and the property owner of record that a hearing may be

requested and that if no hearing is requested, the vehicle will be

removed;

(b) A provision requiring that if a request for a hearing is

received, a notice giving the time, location, and date of the hearing

on the question of abatement and removal of the vehicle or part

thereof as a public nuisance shall be mailed, by certified mail, with a

five- day return receipt requested, to the owner of the land as shown

on the last equalized assessment roll and to the last registered and

legal owner of record unless the vehicle is in such condition that

identification numbers are not available to determine ownership;

(c) A provision that the ordinance shall not apply to (i) a vehicle

or part thereof that is completely enclosed within a building in a

lawful manner where it is not visible from the street or other public

or private property or (ii) a vehicle or part thereof that is stored or

parked in a lawful manner on private property in connection with the

business of a licensed dismantler or licensed vehicle dealer and is

fenced according to RCW 46.80.130;

(d) A provision that the owner of the land on which the vehicle

is located may appear in person at the hearing or present a written

statement in time for consideration at the hearing, and deny

responsibility for the presence of the vehicle on the land, with his

reasons for the denial. If it is determined at the hearing that the

vehicle was placed on the land without the consent of the landowner

and that he has not subsequently acquiesced in its presence, then the

local agency shall not assess costs of administration or removal of

the vehicle against the property upon which the vehicle is located or

otherwise attempt to collect the cost from the owner;



(e) A provision that after notice has been given of the intent of

the city, town, or county to dispose of the vehicle and after a hearing,

if requested, has been held, the vehicle or part thereof shall be

removed at the request of a law enforcement officer with notice to

the Washington state patrol and the department of licensing that the

vehicle has been wrecked. The city, town, or county may operate

such a disposal site when its governing body determines that

commercial channels of disposition are not available or are

inadequate, and it may make final disposition of such vehicles or

parts, or may transfer such vehicle or parts to another governmental

body provided such disposal shall be only as scrap.

(4) A registered disposer under contract to a city or county for

the impounding of vehicles shall comply with any administrative

regulations adopted by the city or county on the handling and

disposing of vehicles.



A parking space or stall for a person with a disability shall be

indicated by a vertical sign with the international symbol of access,

whose colors are white on a blue background, described under RCW

70.92.120. The sign may include additional language such as, but

not limited to, an indication of the amount of the monetary penalty

defined in ((RCW 46.16.381)) section 706 of this act for parking in

the space without a valid permit.

Failure of the person owning or controlling the property where

required parking spaces are located to erect and maintain the sign is

a class 2 civil infraction under chapter 7.80 RCW for each parking

space that should be so designated. The person owning or

controlling the property where the required parking spaces are

located shall ensure that the parking spaces are not blocked or made

inaccessible, and failure to do so is a class 2 civil infraction.



Any person who meets the criteria for special parking privileges

under ((RCW 46.16.381)) section 701 of this act shall be allowed

free of charge to park a vehicle being used to transport that person

for unlimited periods of time in parking zones or areas including

zones or areas with parking meters which are otherwise restricted as

to the length of time parking is permitted. This section does not

apply to those zones or areas in which the stopping, parking, or

standing of all vehicles is prohibited or which are reserved for

special types of vehicles. The person shall obtain and display a

special placard or license plate under ((RCW 46.16.381)) section

701 of this act to be eligible for the privileges under this section.



Failure to perform any act required or the performance of any

act prohibited by this title or an equivalent administrative regulation

or local law, ordinance, regulation, or resolution relating to traffic

including parking, standing, stopping, and pedestrian offenses, is

designated as a traffic infraction and may not be classified as a

criminal offense, except for an offense contained in the following

provisions of this title or a violation of an equivalent administrative

regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) (as recodified by this act) relating to the

operation of a nonhighway vehicle while under the influence of

intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 (as recodified by this act) relating to

operation of nonhighway vehicles;

(3) RCW 46.10.090(2) (as recodified by this act) relating to the

operation of a snowmobile while under the influence of intoxicating

liquor or narcotics or habit- forming drugs or in a manner

endangering the person of another;

(4) RCW 46.10.130 (as recodified by this act) relating to the

operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ((ownership

and)) title, registration certificates, and markings indicating that a

vehicle has been destroyed or declared a total loss;

(6) RCW 46.16.010 (as recodified by this act) and section

405(3) of this act relating to the nonpayment of taxes and fees by

failure to register a vehicle and falsifying residency when registering

a motor vehicle;

(7) RCW 46.16.011 (as recodified by this act) relating to

permitting unauthorized persons to drive;

(8) RCW 46.16.160 (as recodified by this act) relating to vehicle

trip permits;

(9) ((RCW 46.16.381(2))) Section 706 of this act relating to

knowingly providing false information in conjunction with an

application for a special placard or license plate for disabled persons'

parking;

(10) RCW 46.20.005 relating to driving without a valid driver's

license;

(11) RCW 46.20.091 relating to false statements regarding a

driver's license or instruction permit;

(12) RCW 46.20.0921 relating to the unlawful possession and

use of a driver's license;

(13) RCW 46.20.342 relating to driving with a suspended or

revoked license or status;

(14) RCW 46.20.345 relating to the operation of a motor vehicle

with a suspended or revoked license;

(15) RCW 46.20.410 relating to the violation of restrictions of

an occupational driver's license, temporary restricted driver's

license, or ignition interlock driver's license;

(16) RCW 46.20.740 relating to operation of a motor vehicle

without an ignition interlock device in violation of a license notation

that the device is required;

(17) RCW 46.20.750 relating to circumventing an ignition

interlock device;

(18) RCW 46.25.170 relating to commercial driver's licenses;

(19) Chapter 46.29 RCW relating to financial responsibility;

(20) RCW 46.30.040 relating to providing false evidence of

financial responsibility;

(21) RCW 46.35.030 relating to recording device information;

(22) RCW 46.37.435 relating to wrongful installation of

sunscreening material;

(((22))) (23) RCW 46.37.650 relating to the sale, resale,

distribution, or installation of a previously deployed air bag;

(((23))) (24) RCW 46.37.671 through 46.37.675 relating to

signal preemption devices;

(((24))) (25) RCW 46.44.180 relating to operation of mobile

home pilot vehicles;

(((25))) (26) RCW 46.48.175 relating to the transportation of

dangerous articles;

(((26))) (27) RCW 46.52.010 relating to duty on striking an

unattended car or other property;

(((27))) (28) RCW 46.52.020 relating to duty in case of injury to

or death of a person or damage to an attended vehicle;

(((28))) (29) RCW 46.52.090 relating to reports by repairmen,

storagemen, and appraisers;

(((29))) (30) RCW 46.52.130 relating to confidentiality of the

driving record to be furnished to an insurance company, an

employer, and an alcohol/drug assessment or treatment agency;

(((30))) (31) RCW 46.55.020 relating to engaging in the

activities of a registered tow truck operator without a registration

certificate;

(((31))) (32) RCW 46.55.035 relating to prohibited practices by

tow truck operators;

(((32))) (33) RCW 46.55.300 relating to vehicle

immobilization;


(((33))) (34) RCW 46.61.015 relating to obedience to police

officers, flaggers, or firefighters;

(((34))) (35) RCW 46.61.020 relating to refusal to give

information to or cooperate with an officer;

(((35))) (36) RCW 46.61.022 relating to failure to stop and give

identification to an officer;

(((36))) (37) RCW 46.61.024 relating to attempting to elude

pursuing police vehicles;

(((37))) (38) RCW 46.61.500 relating to reckless driving;

(((38))) (39) RCW 46.61.502 and 46.61.504 relating to persons

under the influence of intoxicating liquor or drugs;

(((39))) (40) RCW 46.61.503 relating to a person under age

twenty- one driving a motor vehicle after consuming alcohol;

(((40))) (41) RCW 46.61.520 relating to vehicular homicide by

motor vehicle;

(((41))) (42) RCW 46.61.522 relating to vehicular assault;

(((42))) (43) RCW 46.61.5249 relating to first degree negligent

driving;

(((43))) (44) RCW 46.61.527(4) relating to reckless

endangerment of roadway workers;

(((44))) (45) RCW 46.61.530 relating to racing of vehicles on

highways;

(((45))) (46) RCW 46.61.655(7) (a) and (b) relating to failure to

secure a load;

(((46))) (47) RCW 46.61.685 relating to leaving children in an

unattended vehicle with the motor running;

(((47))) (48) RCW 46.61.740 relating to theft of motor vehicle

fuel;

(((48))) (49) RCW 46.64.010 relating to unlawful cancellation

of or attempt to cancel a traffic citation;

(((49))) (50) RCW 46.64.048 relating to attempting, aiding,

abetting, coercing, and committing crimes;

(((50))) (51) Chapter 46.65 RCW relating to habitual traffic

offenders;

(((51))) (52) RCW 46.68.010 relating to false statements made

to obtain a refund;

(((52) RCW 46.35.030 relating to recording device

information;))

(53) Chapter 46.70 RCW relating to unfair motor vehicle

business practices, except where that chapter provides for the

assessment of monetary penalties of a civil nature;

(54) Chapter 46.72 RCW relating to the transportation of

passengers in for hire vehicles;

(55) RCW 46.72A.060 relating to limousine carrier insurance;

(56) RCW 46.72A.070 relating to operation of a limousine

without a vehicle certificate;

(57) RCW 46.72A.080 relating to false advertising by a

limousine carrier;

(58) Chapter 46.80 RCW relating to motor vehicle wreckers;

(59) Chapter 46.82 RCW relating to driver's training schools;

(60) RCW 46.87.260 relating to alteration or forgery of a cab

card, letter of authority, or other temporary authority issued under

chapter 46.87 RCW;

(61) RCW 46.87.290 relating to operation of an unregistered or

unlicensed vehicle under chapter 46.87 RCW.



(1) This section applies only to infractions issued under RCW

46.61.690 for toll collection evasion.

(2) Nothing in this section prohibits a law enforcement officer

from issuing a notice of traffic infraction to a person in control of a

vehicle at the time a violation occurs under RCW 46.63.030(1) (a),

(b), or (c).

(3) Toll collection systems include manual cash collection,

electronic toll collection, and photo enforcement systems.

(4) "Electronic toll collection system" means a system of

collecting tolls or charges that is capable of charging the account of

the toll patron the appropriate toll or charge by electronic

transmission from the motor vehicle to the toll collection system,

which information is used to charge the appropriate toll or charge to

the patron's account.

(5) "Photo enforcement system" means a vehicle sensor

installed to work in conjunction with an electronic toll collection

system that automatically produces one or more photographs, one or

more microphotographs, a videotape, or other recorded images of a

vehicle operated in violation of an infraction under this chapter.

(6) The use of a toll collection system is subject to the following

requirements:

(a) The department of transportation shall adopt rules that allow

an open standard for automatic vehicle identification transponders

used for electronic toll collection to be compatible with other

electronic payment devices or transponders from the Washington

state ferry system, other public transportation systems, or other toll

collection systems to the extent that technology permits. The rules

must also allow for multiple vendors providing electronic payment

devices or transponders as technology permits.

(b) The department of transportation may not sell, distribute, or

make available in any way, the names and addresses of electronic

toll collection system account holders.

(7) The use of a photo enforcement system for issuance of

notices of infraction is subject to the following requirements:

(a) Photo enforcement systems may take photographs, digital

photographs, microphotographs, videotapes, or other recorded

images of the vehicle and vehicle license plate only.

(b) A notice of infraction must be mailed to the registered owner

of the vehicle or to the renter of a vehicle within sixty days of the

violation. The law enforcement officer issuing the notice of

infraction shall include with it a certificate or facsimile thereof,

based upon inspection of photographs, microphotographs,

videotape, or other recorded images produced by a photo

enforcement system, stating the facts supporting the notice of

infraction. This certificate or facsimile is prima facie evidence of

the facts contained in it and is admissible in a proceeding charging a

violation under this chapter. The photographs, digital photographs,

microphotographs, videotape, or other recorded images evidencing

the violation must be available for inspection and admission into

evidence in a proceeding to adjudicate the liability for the infraction.

(c) Notwithstanding any other provision of law, all photographs,

digital photographs, microphotographs, videotape, or other recorded

images prepared under this chapter are for the exclusive use of the

tolling agency and law enforcement in the discharge of duties under

this section and are not open to the public and may not be used in a

court in a pending action or proceeding unless the action or

proceeding relates to a violation under this chapter. No

photograph, digital photograph, microphotograph, videotape, or

other recorded image may be used for any purpose other than

enforcement of violations under this chapter nor retained longer than

necessary to enforce this chapter or verify that tolls are paid.

(d) All locations where a photo enforcement system is used

must be clearly marked by placing signs in locations that clearly

indicate to a driver that he or she is entering a zone where traffic

laws are enforced by a photo enforcement system.

(8) Infractions detected through the use of photo enforcement

systems are not part of the registered owner's driving record under

RCW 46.52.101 and 46.52.120. Additionally, infractions

generated by the use of photo enforcement systems under this

section shall be processed in the same manner as parking

infractions, including for the purposes of RCW 3.50.100, 35.20.220,

46.16.216 (as recodified by this act), and 46.20.270(3).

(9) The penalty for an infraction detected through the use of a

photo enforcement system shall be forty dollars plus an additional



toll penalty. The toll penalty is equal to three times the cash toll for

a standard passenger car during peak hours. The toll penalty may

not be reduced. The court shall remit the toll penalty to the

department of transportation or a private entity under contract with

the department of transportation for deposit in the statewide account

in which tolls are deposited for the tolling facility at which the

violation occurred. If the driver is found not to have committed an

infraction under this section, the driver shall pay the toll due at the

time the photograph was taken, unless the toll has already been paid.

(10) If the registered owner of the vehicle is a rental car business

the department of transportation or a law enforcement agency shall,

before a notice of infraction being issued under this section, provide

a written notice to the rental car business that a notice of infraction

may be issued to the rental car business if the rental car business

does not, within eighteen days of the mailing of the written notice,

provide to the issuing agency by return mail:

(a) A statement under oath stating the name and known mailing

address of the individual driving or renting the vehicle when the

infraction occurred; or

(b) A statement under oath that the business is unable to

determine who was driving or renting the vehicle at the time the

infraction occurred because the vehicle was stolen at the time of the

infraction. A statement provided under this subsection must be

accompanied by a copy of a filed police report regarding the vehicle

theft; or

(c) In lieu of identifying the vehicle operator, the rental car

business may pay the applicable toll and fee.

Timely mailing of this statement to the issuing law enforcement

agency relieves a rental car business of any liability under this

chapter for the notice of infraction.



(1) The use of automated traffic safety cameras for issuance of

notices of infraction is subject to the following requirements:

(a) The appropriate local legislative authority must first enact an

ordinance allowing for their use to detect one or more of the

following: Stoplight, railroad crossing, or school speed zone

violations. At a minimum, the local ordinance must contain the

restrictions described in this section and provisions for public notice

and signage. Cities and counties using automated traffic safety

cameras before July 24, 2005, are subject to the restrictions

described in this section, but are not required to enact an authorizing

ordinance.

(b) Use of automated traffic safety cameras is restricted to two-

arterial intersections, railroad crossings, and school speed zones

only.

(c) During the 2009-2011 fiscal biennium, automated traffic

safety cameras may be used to detect speed violations for the

purposes of section 201(2), chapter 470, Laws of 2009 if the local

legislative authority first enacts an ordinance authorizing the use of

cameras to detect speed violations.

(d) Automated traffic safety cameras may only take pictures of

the vehicle and vehicle license plate and only while an infraction is

occurring. The picture must not reveal the face of the driver or of

passengers in the vehicle.

(e) A notice of infraction must be mailed to the registered owner

of the vehicle within fourteen days of the violation, or to the renter

of a vehicle within fourteen days of establishing the renter's name

and address under subsection (3)(a) of this section. The law

enforcement officer issuing the notice of infraction shall include

with it a certificate or facsimile thereof, based upon inspection of

photographs, microphotographs, or electronic images produced by

an automated traffic safety camera, stating the facts supporting the

notice of infraction. This certificate or facsimile is prima facie

evidence of the facts contained in it and is admissible in a

proceeding charging a violation under this chapter. The

photographs, microphotographs, or electronic images evidencing

the violation must be available for inspection and admission into

evidence in a proceeding to adjudicate the liability for the infraction.

A person receiving a notice of infraction based on evidence detected

by an automated traffic safety camera may respond to the notice by

mail.

(f) The registered owner of a vehicle is responsible for an

infraction under RCW 46.63.030(1)(e) unless the registered owner

overcomes the presumption in RCW 46.63.075, or, in the case of a

rental car business, satisfies the conditions under subsection (3) of

this section. If appropriate under the circumstances, a renter

identified under subsection (3)(a) of this section is responsible for an

infraction.

(g) Notwithstanding any other provision of law, all

photographs, microphotographs, or electronic images prepared

under this section are for the exclusive use of law enforcement in the

discharge of duties under this section and are not open to the public

and may not be used in a court in a pending action or proceeding

unless the action or proceeding relates to a violation under this

section. No photograph, microphotograph, or electronic image

may be used for any purpose other than enforcement of violations

under this section nor retained longer than necessary to enforce this

section.

(h) All locations where an automated traffic safety camera is

used must be clearly marked by placing signs in locations that

clearly indicate to a driver that he or she is entering a zone where

traffic laws are enforced by an automated traffic safety camera.

(i) If a county or city has established an authorized automated

traffic safety camera program under this section, the compensation

paid to the manufacturer or vendor of the equipment used must be

based only upon the value of the equipment and services provided or

rendered in support of the system, and may not be based upon a

portion of the fine or civil penalty imposed or the revenue generated

by the equipment.

(2) Infractions detected through the use of automated traffic

safety cameras are not part of the registered owner's driving record

under RCW 46.52.101 and 46.52.120. Additionally, infractions

generated by the use of automated traffic safety cameras under this

section shall be processed in the same manner as parking

infractions, including for the purposes of RCW 3.50.100, 35.20.220,

46.16.216 (as recodified by this act), and 46.20.270(3). However,

the amount of the fine issued for an infraction generated through the

use of an automated traffic safety camera shall not exceed the

amount of a fine issued for other parking infractions within the

jurisdiction.

(3) If the registered owner of the vehicle is a rental car business,

the law enforcement agency shall, before a notice of infraction being

issued under this section, provide a written notice to the rental car

business that a notice of infraction may be issued to the rental car

business if the rental car business does not, within eighteen days of

receiving the written notice, provide to the issuing agency by return

mail:

(a) A statement under oath stating the name and known mailing

address of the individual driving or renting the vehicle when the

infraction occurred; or

(b) A statement under oath that the business is unable to

determine who was driving or renting the vehicle at the time the

infraction occurred because the vehicle was stolen at the time of the

infraction. A statement provided under this subsection must be

accompanied by a copy of a filed police report regarding the vehicle

theft; or

(c) In lieu of identifying the vehicle operator, the rental car

business may pay the applicable penalty.


Timely mailing of this statement to the issuing law enforcement

agency relieves a rental car business of any liability under this

chapter for the notice of infraction.

(4) Nothing in this section prohibits a law enforcement officer

from issuing a notice of traffic infraction to a person in control of a

vehicle at the time a violation occurs under RCW 46.63.030(1) (a),

(b), or (c).

(5) For the purposes of this section, "automated traffic safety

camera" means a device that uses a vehicle sensor installed to work

in conjunction with an intersection traffic control system, a railroad

grade crossing control system, or a speed measuring device, and a

camera synchronized to automatically record one or more

sequenced photographs, microphotographs, or electronic images of

the rear of a motor vehicle at the time the vehicle fails to stop when

facing a steady red traffic control signal or an activated railroad

grade crossing control signal, or exceeds a speed limit in a school

speed zone as detected by a speed measuring device. During the

2009-2011 fiscal biennium, an automated traffic safety camera

includes a camera used to detect speed violations for the purposes of

section 201(2), chapter 470, Laws of 2009.

(6) During the 2009-2011 fiscal biennium, this section does not

apply to automated traffic safety cameras for the purposes of section

218(2), chapter 470, Laws of 2009.



(1) ((Motor)) Vehicle license fees collected under ((RCW

46.16.0621 and 46.16.070)) sections 530 and 531 of this act and fuel

taxes collected under RCW 82.36.025(1) and 82.38.030(1) and

directly or indirectly paid by the residents of those counties

composed entirely of islands and which have neither a fixed

physical connection with the mainland nor any state highways on

any of the islands of which they are composed, shall be paid into the

motor vehicle fund of the state of Washington and shall monthly, as

they accrue, and after deducting therefrom the expenses of issuing

such licenses and the cost of collecting such vehicle fuel tax, be paid

to the county treasurer of each such county to be by him or her

disbursed as hereinafter provided.

(2) One-half of the ((motor)) vehicle license fees collected

under ((RCW 46.16.0621 and 46.16.070)) sections 530 and 531 of

this act and one-half of the fuel taxes collected under RCW

82.36.025(1) and 82.38.030(1) and directly or indirectly paid by the

residents of those counties composed entirely of islands and which

have either a fixed physical connection with the mainland or state

highways on any of the islands of which they are composed, shall be

paid into the motor vehicle fund of the state of Washington and shall

monthly, as they accrue, and after deducting therefrom the expenses

of issuing such licenses and the cost of collecting such motor vehicle

fuel tax, be paid to the county treasurer of each such county to be by

him or her disbursed as hereinafter provided.

(3) All funds paid to the county treasurer of the counties of

either class referred to in subsections (1) and (2) of this section, shall

be by such county treasurer distributed and credited to the several

road districts of each such county and paid to the city treasurer of

each incorporated city and town within each such county, in the

direct proportion that the assessed valuation of each such road

district and incorporated city and town shall bear to the total

assessed valuation of each such county.

(4) The amount of motor vehicle fuel tax paid by the residents of

those counties composed entirely of islands shall, for the purposes of

this section, be that percentage of the total amount of motor vehicle

fuel tax collected in the state that the ((motor)) vehicle license fees

paid by the residents of counties composed entirely of islands bears

to the total ((motor)) vehicle license fees paid by the residents of the

state.

(5)(a) An amount of fuel taxes shall be deposited into the Puget

Sound ferry operations account. This amount shall equal the

difference between the total amount of fuel taxes collected in the

state under RCW 82.36.020 and 82.38.030 less the total amount of

fuel taxes collected in the state under RCW 82.36.020(1) and

82.38.030(1) and be multiplied by a fraction. The fraction shall

equal the amount of ((motor)) vehicle license fees collected under

((RCW 46.16.0621 and 46.16.070)) sections 530 and 531 of this act

from counties described in subsection (1) of this section divided by

the total amount of ((motor)) vehicle license fees collected in the

state under ((RCW 46.16.0621 and 46.16.070)) sections 530 and

531 of this act.

(b) An additional amount of fuel taxes shall be deposited into

the Puget Sound ferry operations account. This amount shall equal

the difference between the total amount of fuel taxes collected in the

state under RCW 82.36.020 and 82.38.030 less the total amount of

fuel taxes collected in the state under RCW 82.36.020(1) and

82.38.030(1) and be multiplied by a fraction. The fraction shall

equal the amount of ((motor)) vehicle license fees collected under

((RCW 46.16.0621 and 46.16.070)) sections 530 and 531 of this act

from counties described in subsection (2) of this section divided by

the total amount of ((motor)) vehicle license fees collected in the

state under ((RCW 46.16.0621 and 46.16.070)) sections 530 and

531 of this act, and this shall be multiplied by one-half.



The vehicle licensing fraud account is created in the state

treasury. From penalties and fines imposed under RCW 46.16.010

(as recodified by this act), 47.68.255, and 88.02.118 (as recodified

by this act), an amount equal to the taxes and fees owed shall be

deposited into the account. Moneys in the account may be spent

only after appropriation. Expenditures from the account may be

used only for vehicle license fraud enforcement and collections by

the Washington state patrol and the department of revenue.



As used in this chapter:

(1) "Vehicle" means and includes every device capable of being

moved upon a public highway and in, upon, or by which any

persons or property is or may be transported or drawn upon a public

highway, excepting devices moved by human or animal power or

used exclusively upon stationary rails or tracks.

(2) "Motor vehicle" means every vehicle which is self-propelled

and every vehicle which is propelled by electric power obtained

from overhead trolley wires, but not operated upon rails, and which

is required to be registered and titled under this title ((46 RCW,

Motor Vehicles)).

(3) "Recreational vehicle" means a travel trailer, motor home,

truck camper, or camping trailer that is primarily designed and used

as temporary living quarters, is either self-propelled or mounted on

or drawn by another vehicle, is transient, is not occupied as a

primary residence, and is not immobilized or permanently affixed to

a mobile home lot.

(4) "Vehicle dealer" means any person, firm, association,

corporation, or trust, not excluded by subsection (5) of this section,

engaged in the business of buying, selling, listing, exchanging,

offering, brokering, leasing with an option to purchase, auctioning,

soliciting, or advertising the sale of new or used vehicles, or

arranging or offering or attempting to solicit or negotiate on behalf

of others, a sale, purchase, or exchange of an interest in new or used

motor vehicles, irrespective of whether the motor vehicles are

owned by that person. Vehicle dealers shall be classified as

follows:

(a) A "motor vehicle dealer" is a vehicle dealer that deals in new

or used motor vehicles, or both;

(b) A "mobile home and travel trailer dealer" is a vehicle dealer

that deals in mobile homes, park trailers, or travel trailers, or more

than one type of these vehicles;



(c) A "miscellaneous vehicle dealer" is a vehicle dealer that

deals in motorcycles or vehicles other than motor vehicles or mobile

homes and travel trailers or any combination of such vehicles;

(d) A "recreational vehicle dealer" is a vehicle dealer that deals

in travel trailers, motor homes, truck campers, or camping trailers

that are primarily designed and used as temporary living quarters,

are either self-propelled or mounted on or drawn by another vehicle,

are transient, are not occupied as a primary residence, and are not

immobilized or permanently affixed to a mobile home lot.

(5) ((The term)) "Vehicle dealer" does not include, nor do the

licensing requirements of RCW 46.70.021 apply to, the following

persons, firms, associations, or corporations:

(a) Receivers, trustees, administrators, executors, guardians, or

other persons appointed by, or acting under a judgment or order of,

any court; or

(b) Public officers while performing their official duties; or

(c) Employees of vehicle dealers who are engaged in the

specific performance of their duties as such employees; or

(d) Any person engaged in an isolated sale of a vehicle in which

that person is the registered or legal owner, or both, thereof; or

(e) Any person, firm, association, corporation, or trust, engaged

in the selling of equipment other than vehicles, subject to

registration, used for agricultural or industrial purposes; or

(f) A real estate broker licensed under chapter 18.85 RCW, or an

affiliated licensee, who, on behalf of another negotiates the

purchase, sale, lease, or exchange of a manufactured or mobile

home in conjunction with the purchase, sale, exchange, rental, or

lease of the land upon which the manufactured or mobile home is, or

will be, located; or

(g) Owners who are also operators of ((the)) special highway

construction equipment, as defined in section 144 of this act, or of

the highway construction equipment for which a vehicle license and

display vehicle license number plate is required ((as defined in

RCW 46.16.010)); or

(h) Any bank, trust company, savings bank, mutual savings

bank, savings and loan association, credit union, and any parent,

subsidiary, or affiliate thereof, authorized to do business in this state

under state or federal law with respect to the sale or other disposition

of a motor vehicle owned and used in their business; or with respect

to the acquisition and sale or other disposition of a motor vehicle in

which the entity has acquired an interest as a lessor, lessee, or

secured party; or

(i) Any person who is regularly engaged in the business of

acquiring leases or installment contracts by assignment, with respect

to the acquisition and sale or other disposition of a motor vehicle in

which the person has acquired an interest as a result of the business.

(6) "Vehicle salesperson" means any person who for any form

of compensation sells, auctions, leases with an option to purchase, or

offers to sell or to so lease vehicles on behalf of a vehicle dealer.

(7) "Department" means the department of licensing, which

shall administer and enforce the provisions of this chapter.

(8) "Director" means the director of licensing.

(9) "Manufacturer" means any person, firm, association,

corporation, or trust, resident or nonresident, who manufactures or

assembles new and unused vehicles or remanufactures vehicles in

whole or in part and further includes the terms:

(a) "Distributor," which means any person, firm, association,

corporation, or trust, resident or nonresident, who in whole or in part

offers for sale, sells, or distributes any new and unused vehicle to

vehicle dealers or who maintains factory representatives.

(b) "Factory branch," which means a branch office maintained

by a manufacturer for the purpose of selling or offering for sale,

vehicles to a distributor, wholesaler, or vehicle dealer, or for

directing or supervising in whole or in part factory or distributor

representatives, and further includes any sales promotion

organization, whether a person, firm, or corporation, which is

engaged in promoting the sale of new and unused vehicles in this

state of a particular brand or make to vehicle dealers.

(c) "Factory representative," which means a representative

employed by a manufacturer, distributor, or factory branch for the

purpose of making or promoting for the sale of their vehicles or for

supervising or contracting with their dealers or prospective dealers.

(10) "Established place of business" means a location meeting

the requirements of RCW 46.70.023(1) at which a vehicle dealer

conducts business in this state.

(11) "Principal place of business" means that dealer firm's

business location in the state, which place the dealer designates as

their principal place of business.

(12) "Subagency" means any place of business of a vehicle

dealer within the state, which place is physically and geographically

separated from the principal place of business of the firm or any

place of business of a vehicle dealer within the state, at which place

the firm does business using a name other than the principal name of

the firm, or both.

(13) "Temporary subagency" means a location other than the

principal place of business or subagency within the state where a

licensed vehicle dealer may secure a license to conduct the business

and is licensed for a period of time not to exceed ten days for a

specific purpose such as auto shows, shopping center promotions,

tent sales, exhibitions, or similar merchandising ventures. No more

than six temporary subagency licenses may be issued to a licensee in

any twelve-month period.

(14) "Wholesale vehicle dealer" means a vehicle dealer who

buys and sells other than at retail.

(15) "Retail vehicle dealer" means a vehicle dealer who may

buy and sell at both wholesale and retail.

(16) "Listing dealer" means a used mobile home dealer who

makes contracts with sellers who will compensate the dealer for

obtaining a willing purchaser for the seller's mobile home.

(17) "Auction" means a transaction conducted by means of

exchanges between an auctioneer and the members of the audience,

constituting a series of oral invitations for offers for the purchase of

vehicles made by the auctioneer, offers to purchase by members of

the audience, and the acceptance of the highest or most favorable

offer to purchase.

(18) "Auction company" means a sole proprietorship,

partnership, corporation, or other legal or commercial entity

licensed under chapter 18.11 RCW that only sells or offers to sell

vehicles at auction or only arranges or sponsors auctions.

(19) "Buyer's agent" means any person, firm, partnership,

association, limited liability company, limited liability partnership,

or corporation retained or employed by a consumer to arrange for or

to negotiate, or both, the purchase or lease of a new motor vehicle on

behalf of the consumer, and who is paid a fee or receives other

compensation from the consumer for its services.

(20) "New motor vehicle" means any motor vehicle that is self-

propelled and is required to be registered and titled under this title

((46 RCW)), has not been previously titled to a retail purchaser or

lessee, and is not a "used vehicle" as defined under RCW 46.04.660.



(1) After the application has been filed, the fee paid, and bond

posted, if required, the department shall, if no denial order is in

effect and no proceeding is pending under RCW 46.70.101, issue

the appropriate license, which license, in the case of a vehicle dealer,

shall designate the classification of the dealer. Nothing prohibits a

vehicle dealer from obtaining licenses for more than one

classification, and nothing prevents any vehicle dealer from dealing

in other classes of vehicles on an isolated basis.


(2) An auction company licensed under chapter 18.11 RCW

may sell at auction all classifications of vehicles under a motor

vehicle dealer's license issued under this chapter including motor

vehicles, miscellaneous type vehicles, and mobile homes and travel

trailers.

(3) At the time the department issues a vehicle dealer license,

the department shall provide to the dealer a current, up-to-date

vehicle dealer manual that may be provided electronically setting

forth the various statutes and rules applicable to vehicle dealers. In

addition, at the time any such license is renewed under RCW

46.70.083, the department shall provide the dealer with any updates

or current revisions to the vehicle dealer manual. These updates or

current revisions may be provided electronically.

(4) The department may contract with responsible private

parties to provide them elements of the vehicle database on a regular

basis. The private parties may only disseminate this information to

licensed vehicle dealers.

(a) Subject to the disclosure agreement provisions of RCW

46.12.380 (as recodified by this act) and the requirements of

Executive Order 97- 01, the department may provide to the

contracted private parties the following information:

(i) All vehicle and title data necessary to accurately disclose

known title defects, brands, or flags and odometer discrepancies;

(ii) All registered and legal owner information necessary to

determine true ownership of the vehicle and the existence of any

recorded liens, including but not limited to liens of the department of

social and health services or its successor; and

(iii) Any data in the department's possession necessary to

calculate the motor vehicle excise tax, license, and registration fees

including information necessary to determine the applicability of

regional transit authority excise and use tax surcharges.

(b) The department may provide this information in any form

the contracted private party and the department agree upon, but if

the data is to be transmitted over the Internet or similar public

network from the department to the contracted private party, it must

be encrypted.

(c) The department shall give these contracted private parties

advance written notice of any change in the information referred to

in (a)(i), (ii), or (iii) of this subsection, including information

pertaining to the calculation of motor vehicle excise taxes.

(d) The department shall revoke a contract made under this

subsection (4) with a private party who disseminates information

from the vehicle database to anyone other than a licensed vehicle

dealer. A private party who obtains information from the vehicle

database under a contract with the department and disseminates any

of that information to anyone other than a licensed vehicle dealer is

guilty of a gross misdemeanor punishable under chapter 9A.20

RCW.

(e) Nothing in this subsection (4) authorizes a vehicle dealer or

any other organization or entity not otherwise appointed as a vehicle

licensing subagent under RCW 46.01.140 to perform any of the

functions of a vehicle licensing subagent so appointed.



The director may by order deny, suspend, or revoke the license

of any vehicle dealer or vehicle manufacturer or, in lieu thereof or in

addition thereto, may by order assess monetary penalties of a civil

nature not to exceed one thousand dollars per violation, if the

director finds that the order is in the public interest and that the

applicant or licensee:

(1) In the case of a vehicle dealer:

(a) The applicant or licensee, or any partner, officer, director,

owner of ten percent or more of the assets of the firm, or managing

employee:

(i) Was the holder of a license issued pursuant to this chapter,

which was revoked for cause and never reissued by the department,

or which license was suspended for cause and the terms of the

suspension have not been fulfilled or which license was assessed a

civil penalty and the assessed amount has not been paid;

(ii) Has been adjudged guilty of a crime which directly relates to

the business of a vehicle dealer and the time elapsed since the

adjudication is less than ten years, or suffering any judgment within

the preceding five years in any civil action involving fraud,

misrepresentation, or conversion. For the purposes of this section,

"adjudged guilty" ((shall)) means in addition to a final conviction in

either a state or municipal court, an unvacated forfeiture of bail or

collateral deposited to secure a defendant's appearance in court, the

payment of a fine, a plea of guilty, or a finding of guilt regardless of

whether the sentence is deferred or the penalty is suspended;

(iii) Has knowingly or with reason to know made a false

statement of a material fact in his or her application for license or

any data attached thereto, or in any matter under investigation by the

department;

(iv) Has knowingly, or with reason to know, provided the

department with false information relating to the number of vehicle

sales transacted during the past one year in order to obtain a vehicle

dealer license plate;

(v) Does not have an established place of business as required in

this chapter;

(vi) Refuses to allow representatives or agents of the department

to inspect during normal business hours all books, records, and files

maintained within this state;

(vii) Sells, exchanges, offers, brokers, auctions, solicits, or

advertises a new or current model vehicle to which a factory new

vehicle warranty attaches and fails to have a valid, written service

agreement as required by this chapter, or having such agreement

refuses to honor the terms of such agreement within a reasonable

time or repudiates the same, except for sales by wholesale motor

vehicle auction dealers to franchise motor vehicle dealers of the

same make licensed under this title ((46 RCW)) or franchise motor

vehicle dealers of the same make licensed by any other state;

(viii) Is insolvent, either in the sense that their liabilities exceed

their assets, or in the sense that they cannot meet their obligations as

they mature;

(ix) Fails to pay any civil monetary penalty assessed by the

director pursuant to this section within ten days after such

assessment becomes final;

(x) Fails to notify the department of bankruptcy proceedings in

the manner required by RCW 46.70.183;

(xi) Knowingly, or with reason to know, allows a salesperson

employed by the dealer, or acting as their agent, to commit any of

the prohibited practices set forth in subsection (1)(a) of this section

and RCW 46.70.180;

(xii) Fails to have a current certificate or registration with the

department of revenue.

(b) The applicant or licensee, or any partner, officer, director,

owner of ten percent of the assets of the firm, or any employee or

agent:

(i) Has failed to comply with the applicable provisions of

chapter 46.12 or 46.16 RCW or this chapter or any rules and

regulations adopted thereunder;

(ii) Has defrauded or attempted to defraud the state, or a

political subdivision thereof of any taxes or fees in connection with

the sale, lease, or transfer of a vehicle;

(iii) Has forged the signature of the registered or legal owner on

a certificate of title;

(iv) Has purchased, sold, disposed of, or has in his or her

possession any vehicle which he or she knows or has reason to know

has been stolen or appropriated without the consent of the owner;

(v) Has willfully failed to deliver to a purchaser or owner a

certificate of ((ownership)) title to a vehicle which he or she has sold

or leased;



(vi) Has committed any act in violation of RCW 46.70.090

relating to vehicle dealer license plates or manufacturer license

plates;

(vii) Has committed any act in violation of RCW 46.70.180

relating to unlawful acts and practices;

(viii) Has engaged in practices inimical to the health or safety of

the citizens of the state of Washington including but not limited to

failure to comply with standards set by the state of Washington or

the federal government pertaining to the construction or safety of

vehicles, except for sales by wholesale motor vehicle auction

dealers to motor vehicle dealers and vehicle wreckers licensed under

this title ((46 RCW)) or motor vehicle dealers licensed by any other

state;

(ix) Has aided or assisted an unlicensed dealer or salesperson in

unlawful activity through active or passive participation in sales,

allowing use of facilities, dealer license number, or by any other

means;

(x) Converts or appropriates, whether temporarily or

permanently, property or funds belonging to a customer, dealer, or

manufacturer, without the consent of the owner of the property or

funds; or

(xi) Has sold any vehicle with actual knowledge that:

(A) It has any of the following brands on the title:

"SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or

(B) It has been declared totaled out by an insurance carrier and

then rebuilt; or

(C) The vehicle title contains the specific comment that the

vehicle is "rebuilt";

without clearly disclosing that brand or comment in writing.

(c) The licensee or any partner, officer, director, or owner of ten

percent or more of the assets of the firm holds or has held any such

position in any other vehicle dealership licensed pursuant to this

chapter which is subject to final proceedings under this section.

(2) In the case of a manufacturer, or any partner, officer,

director, or majority shareholder:

(a) Was or is the holder of a license issued pursuant to this

chapter which was revoked for cause and never reissued by the

department, or which license was suspended for cause and the terms

of the suspension have not been fulfilled, or which license was

assessed a civil penalty and the assessed amount has not been paid;

(b) Has knowingly or with reason to know, made a false

statement of a material fact in his or her application for license, or

any data attached thereto, or in any matter under investigation by the

department;

(c) Has failed to comply with the applicable provisions of

chapter 46.12 or 46.16 RCW or this chapter or any rules and

regulations adopted thereunder;

(d) Has defrauded or attempted to defraud the state or a political

subdivision thereof, of any taxes or fees in connection with the sale,

lease, or transfer of a vehicle;

(e) Has purchased, sold, leased, disposed of, or has in his or her

possession, any vehicle which he or she knows or has reason to

know has been stolen or appropriated without the consent of the

owner;

(f) Has committed any act in violation of RCW 46.70.090

relating to vehicle dealer license plates and manufacturer license

plates;

(g) Has committed any act in violation of RCW 46.70.180

relating to unlawful acts and practices;

(h) Sells or distributes in this state or transfers into this state for

resale or for lease, any new or unused vehicle to which a warranty

attaches or has attached and refuses to honor the terms of such

warranty within a reasonable time or repudiates the same;

(i) Fails to maintain one or more resident employees or agents to

provide service or repairs to vehicles located within the state of

Washington only under the terms of any warranty attached to new or

unused vehicles manufactured and which are or have been sold or

distributed in this state or transferred into this state for resale or for

lease unless such manufacturer requires warranty service to be

performed by all of its dealers pursuant to a current service

agreement on file with the department;

(j) Fails to reimburse within a reasonable time any vehicle

dealer within the state of Washington who in good faith incurs

reasonable obligations in giving effect to warranties that attach or

have attached to any new or unused vehicle sold, leased, or

distributed in this state or transferred into this state for resale or for

lease by any such manufacturer;

(k) Engaged in practices inimical to the health and safety of the

citizens of the state of Washington including, but not limited to,

failure to comply with standards set by the state of Washington or

the federal government pertaining to the construction and safety of

vehicles;

(l) Is insolvent either in the sense that his or her liabilities exceed

his or her assets or in the sense that he or she cannot meet his or her

obligations as they mature;

(m) Fails to notify the department of bankruptcy proceedings in

the manner required by RCW 46.70.183.



(1) If the purchaser or transferee is a dealer he or she shall, on

selling, leasing, or otherwise disposing of the vehicle, promptly

execute the assignment and warranty of title, in such form as the

director shall prescribe.

(2) The assignment and warranty shall show any secured party

holding a security interest created or reserved at the time of resale or

lease, to which shall be attached the assigned certificate((s)) of

((ownership)) title and ((license)) registration certificate received by

the dealer. The dealer shall mail or deliver them to the department

with the transferee's application for the issuance of new

certificate((s)) of ((ownership)) title and ((license)) registration

certificate. The ((title)) certificate of title issued for a vehicle

possessed by a dealer and subject to a security interest shall be

delivered to the secured party who upon request of the dealer's

transferee shall, unless the transfer was a breach of the security

agreement, either deliver the certificate to the transferee for

transmission to the department, or upon receipt from the transferee

of the owner's bill of sale or sale document, the transferee's

application for a new certificate and the required fee, mail or deliver

to the department. Failure of a dealer to deliver the ((title))

certificate of title to the secured party does not affect perfection of

the security interest.



A vehicle dealer((s)) shall possess a separate certificate of

((ownership)) title or other evidence of ownership approved by the

department for each used vehicle kept in the dealer's possession.

Evidence of ownership shall be either in the name of the dealer or in

the name of the dealer's immediate vendor properly assigned. In

the case of consigned vehicles, the vehicle dealer may possess a

completed consignment contract that includes a guaranteed title

from the seller in lieu of the required certificate of ((ownership))

title.



Mobile home manufacturers and mobile home dealers who sell

mobile homes to be assembled on site and used as residences in this

state shall conform to the following requirements:

(1) No new manufactured home may be sold unless the

purchaser is provided with a manufacturer's written warranty for

construction of the home in compliance with the Magnuson-Moss


Warranty Act (88 Stat. 2183; 15 U.S.C. Sec. 47 et seq.; 15 U.S.C.

Sec. 2301 et seq.).

(2) No new manufactured home may be sold unless the

purchaser is provided with a dealer's written warranty for all

installation services performed by the dealer.

(3) The warranties required by subsections (1) and (2) of this

section shall be valid for a minimum of one year measured from the

date of delivery and shall not be invalidated by resale by the original

purchaser to a subsequent purchaser or by the certificate of

((ownership)) title being eliminated or not issued as described in

chapter 65.20 RCW. Copies of the warranties shall be given to the

purchaser upon signing a purchase agreement and shall include an

explanation of remedies available to the purchaser under state and

federal law for breach of warranty, the name and address of the

federal department of housing and urban development and the state

departments of licensing and labor and industries, and a brief

description of the duties of these agencies concerning mobile

homes.

(4) Warranty service shall be completed within forty-five days

after the owner gives written notice of the defect unless there is a

bona fide dispute between the parties. Warranty service for a

defect affecting health or safety shall be completed within

seventy-two hours of receipt of written notice. Warranty service

shall be performed on site and a written work order describing labor

performed and parts used shall be completed and signed by the

service agent and the owner. If the owner's signature cannot be

obtained, the reasons shall be described on the work order. Work

orders shall be retained by the dealer or manufacturer for a period of

three years.

(5) Before delivery of possession of the home to the purchaser,

an inspection shall be performed by the dealer or his or her agent and

by the purchaser or his or her agent which shall include a test of all

systems of the home to insure proper operation, unless such systems

test is delayed pursuant to this subsection. At the time of the

inspection, the purchaser shall be given copies of all documents

required by state or federal agencies to be supplied by the

manufacturer with the home which have not previously been

provided as required under subsection (3) of this section, and the

dealer shall complete any required purchaser information card and

forward the card to the manufacturer. A purchaser is deemed to

have taken delivery of the manufactured home when all three of the

following events have occurred: (a) The contractual obligations

between the purchaser and the seller have been met; (b) the

inspection of the home is completed; and (c) the systems test of the

home has been completed subsequent to the installation of the home,

or fifteen days has elapsed since the transport of the home to the site

where it will be installed, whichever is earlier. Occupancy of the

manufactured home shall only occur after the systems test has

occurred and all required utility connections have been approved

after inspection.

(6) Manufacturer and dealer advertising which states the

dimensions of a home shall not include the length of the draw bar

assembly in a listed dimension, and shall state the square footage of

the actual floor area.



Each of the following acts or practices is unlawful:

(1) To cause or permit to be advertised, printed, displayed,

published, distributed, broadcasted, televised, or disseminated in

any manner whatsoever, any statement or representation with regard

to the sale, lease, or financing of a vehicle which is false, deceptive,

or misleading, including but not limited to the following:

(a) That no down payment is required in connection with the

sale of a vehicle when a down payment is in fact required, or that a

vehicle may be purchased for a smaller down payment than is

actually required;

(b) That a certain percentage of the sale price of a vehicle may

be financed when such financing is not offered in a single document

evidencing the entire security transaction;

(c) That a certain percentage is the amount of the service charge

to be charged for financing, without stating whether this percentage

charge is a monthly amount or an amount to be charged per year;

(d) That a new vehicle will be sold for a certain amount above or

below cost without computing cost as the exact amount of the

factory invoice on the specific vehicle to be sold;

(e) That a vehicle will be sold upon a monthly payment of a

certain amount, without including in the statement the number of

payments of that same amount which are required to liquidate the

unpaid purchase price.

(2)(a)(i) To incorporate within the terms of any purchase and

sale or lease agreement any statement or representation with regard

to the sale, lease, or financing of a vehicle which is false, deceptive,

or misleading, including but not limited to terms that include as an

added cost to the selling price or capitalized cost of a vehicle an

amount for licensing or transfer of title of that vehicle which is not

actually due to the state, unless such amount has in fact been paid by

the dealer prior to such sale.

(ii) However, an amount not to exceed the applicable amount

provided in (iii)(A) and (B) of this subsection (2)(a) per vehicle sale

or lease may be charged by a dealer to recover administrative costs

for collecting motor vehicle excise taxes, licensing and registration

fees and other agency fees, verifying and clearing titles, transferring

titles, perfecting, releasing, or satisfying liens or other security

interests, and other administrative and documentary services

rendered by a dealer in connection with the sale or lease of a vehicle

and in carrying out the requirements of this chapter or any other

provisions of state law.

(iii) A dealer may charge under (a)(ii) of this subsection:

(A) As of July 26, 2009, through June 30, 2014, an amount not

to exceed one hundred fifty dollars; and

(B) As of July 1, 2014, an amount not to exceed fifty dollars.

(b) A dealer may charge the documentary service fee in (a) of

this subsection under the following conditions:

(i) The documentary service fee is disclosed in writing to a

prospective purchaser or lessee before the execution of a purchase

and sale or lease agreement;

(ii) The dealer discloses to the purchaser or lessee in writing that

the documentary service fee is a negotiable fee. The disclosure

must be written in a typeface that is at least as large as the typeface

used in the standard text of the document that contains the disclosure

and that is bold faced, capitalized, underlined, or otherwise set out

from the surrounding material so as to be conspicuous. The dealer

shall not represent to the purchaser or lessee that the fee or charge is

required by the state to be paid by either the dealer or prospective

purchaser or lessee;

(iii) The documentary service fee is separately designated from

the selling price or capitalized cost of the vehicle and from any other

taxes, fees, or charges; and

(iv) Dealers disclose in any advertisement that a documentary

service fee in an amount provided in (iv)(A) and (B) of this

subsection (2)(b) may be added to the sale price or the capitalized

cost:

(A) As of July 26, 2009, through June 30, 2014, an amount up to

one hundred fifty dollars; and

(B) As of July 1, 2014, an amount up to fifty dollars.

For the purposes of this subsection (2), the term "documentary

service fee" means the optional amount charged by a dealer to

provide the services specified in (a) of this subsection.

(3) To set up, promote, or aid in the promotion of a plan by

which vehicles are to be sold or leased to a person for a

consideration and upon further consideration that the purchaser or

lessee agrees to secure one or more persons to participate in the plan



by respectively making a similar purchase and in turn agreeing to

secure one or more persons likewise to join in said plan, each

purchaser or lessee being given the right to secure money, credits,

goods, or something of value, depending upon the number of

persons joining the plan.

(4) To commit, allow, or ratify any act of "bushing" which is

defined as follows: Entering into a written contract, written

purchase order or agreement, retail installment sales agreement,

note and security agreement, or written lease agreement, hereinafter

collectively referred to as contract or lease, signed by the

prospective buyer or lessee of a vehicle, which:

(a) Is subject to any conditions or the dealer's or his or her

authorized representative's future acceptance, and the dealer fails or

refuses within four calendar days, exclusive of Saturday, Sunday, or

legal holiday, and prior to any further negotiations with said buyer

or lessee to inform the buyer or lessee either: (i) That the dealer

unconditionally accepts the contract or lease, having satisfied,

removed, or waived all conditions to acceptance or performance,

including, but not limited to, financing, assignment, or lease

approval; or (ii) that the dealer rejects the contract or lease, thereby

automatically voiding the contract or lease, as long as such voiding

does not negate commercially reasonable contract or lease

provisions pertaining to the return of the subject vehicle and any

physical damage, excessive mileage after the demand for return of

the vehicle, and attorneys' fees authorized by law, and tenders the

refund of any initial payment or security made or given by the buyer

or lessee, including, but not limited to, any down payment, and

tenders return of the trade-in vehicle, key, other trade-in, or

certificate of title to a trade-in. Tender may be conditioned on

return of the subject vehicle if previously delivered to the buyer or

lessee.

The provisions of this subsection (4)(a) do not impair, prejudice,

or abrogate the rights of a dealer to assert a claim against the buyer

or lessee for misrepresentation or breach of contract and to exercise

all remedies available at law or in equity, including those under

chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing

company discovers that approval of the contract or financing or

approval of the lease was based upon material misrepresentations

made by the buyer or lessee, including, but not limited to,

misrepresentations regarding income, employment, or debt of the

buyer or lessee, as long as the dealer, or his or her staff, has not, with

knowledge of the material misrepresentation, aided, assisted,

encouraged, or participated, directly or indirectly, in the

misrepresentation. A dealer shall not be in violation of this

subsection (4)(a) if the buyer or lessee made a material

misrepresentation to the dealer, as long as the dealer, or his or her

staff, has not, with knowledge of the material misrepresentation,

aided, assisted, encouraged, or participated, directly or indirectly, in

the misrepresentation.

When a dealer informs a buyer or lessee under this subsection

(4)(a) regarding the unconditional acceptance or rejection of the

contract, lease, or financing by an electronic mail message, the

dealer must also transmit the communication by any additional

means;

(b) Permits the dealer to renegotiate a dollar amount specified as

trade-in allowance on a vehicle delivered or to be delivered by the

buyer or lessee as part of the purchase price or lease, for any reason

except:

(i) Failure to disclose that the vehicle's certificate of

((ownership)) title has been branded for any reason, including, but

not limited to, status as a rebuilt vehicle as provided in RCW

46.12.050 (as recodified by this act) and ((46.12.075)) section 303

of this act; or

(ii) Substantial physical damage or latent mechanical defect

occurring before the dealer took possession of the vehicle and which

could not have been reasonably discoverable at the time of the

taking of the order, offer, or contract; or

(iii) Excessive additional miles or a discrepancy in the mileage.

"Excessive additional miles" means the addition of five hundred

miles or more, as reflected on the vehicle's odometer, between the

time the vehicle was first valued by the dealer for purposes of

determining its trade-in value and the time of actual delivery of the

vehicle to the dealer. "A discrepancy in the mileage" means (A) a

discrepancy between the mileage reflected on the vehicle's odometer

and the stated mileage on the signed odometer statement; or (B) a

discrepancy between the mileage stated on the signed odometer

statement and the actual mileage on the vehicle; or

(c) Fails to comply with the obligation of any written warranty

or guarantee given by the dealer requiring the furnishing of services

or repairs within a reasonable time.

(5) To commit any offense relating to odometers, as such

offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and

46.37.570. A violation of this subsection is a class C felony

punishable under chapter 9A.20 RCW.

(6) For any vehicle dealer or vehicle salesperson to refuse to

furnish, upon request of a prospective purchaser or lessee, for

vehicles previously registered to a business or governmental entity,

the name and address of the business or governmental entity.

(7) To commit any other offense under RCW 46.37.423,

46.37.424, or 46.37.425.

(8) To commit any offense relating to a dealer's temporary

license permit, including but not limited to failure to properly

complete each such permit, or the issuance of more than one such

permit on any one vehicle. However, a dealer may issue a second

temporary permit on a vehicle if the following conditions are met:

(a) The lienholder fails to deliver the vehicle title to the dealer

within the required time period;

(b) The dealer has satisfied the lien; and

(c) The dealer has proof that payment of the lien was made

within two calendar days, exclusive of Saturday, Sunday, or a legal

holiday, after the sales contract has been executed by all parties and

all conditions and contingencies in the sales contract have been met

or otherwise satisfied.

(9) For a dealer, salesperson, or mobile home manufacturer,

having taken an instrument or cash "on deposit" from a purchaser or

lessee prior to the delivery of the bargained-for vehicle, to

commingle the "on deposit" funds with assets of the dealer,

salesperson, or mobile home manufacturer instead of holding the

"on deposit" funds as trustee in a separate trust account until the

purchaser or lessee has taken delivery of the bargained-for vehicle.

Delivery of a manufactured home shall be deemed to occur in

accordance with RCW 46.70.135(5). Failure, immediately upon

receipt, to endorse "on deposit" instruments to such a trust account,

or to set aside "on deposit" cash for deposit in such trust account,

and failure to deposit such instruments or cash in such trust account

by the close of banking hours on the day following receipt thereof,

shall be evidence of intent to commit this unlawful practice:

PROVIDED, HOWEVER, That a motor vehicle dealer may keep a

separate trust account which equals his or her customary total

customer deposits for vehicles for future delivery. For purposes of

this section, "on deposit" funds received from a purchaser of a

manufactured home means those funds that a seller requires a

purchaser to advance before ordering the manufactured home, but

does not include any loan proceeds or moneys that might have been

paid on an installment contract.

(10) For a dealer or manufacturer to fail to comply with the

obligations of any written warranty or guarantee given by the dealer

or manufacturer requiring the furnishing of goods and services or

repairs within a reasonable period of time, or to fail to furnish to a

purchaser or lessee, all parts which attach to the manufactured unit


including but not limited to the undercarriage, and all items

specified in the terms of a sales or lease agreement signed by the

seller and buyer or lessee.

(11) For a vehicle dealer to pay to or receive from any person,

firm, partnership, association, or corporation acting, either directly

or through a subsidiary, as a buyer's agent for consumers, any

compensation, fee, purchase moneys or funds that have been

deposited into or withdrawn out of any account controlled or used

by any buyer's agent, gratuity, or reward in connection with the

purchase, sale, or lease of a new motor vehicle.

(12) For a buyer's agent, acting directly or through a subsidiary,

to pay to or to receive from any motor vehicle dealer any

compensation, fee, gratuity, or reward in connection with the

purchase, sale, or lease of a new motor vehicle. In addition, it is

unlawful for any buyer's agent to engage in any of the following acts

on behalf of or in the name of the consumer:

(a) Receiving or paying any purchase moneys or funds into or

out of any account controlled or used by any buyer's agent;

(b) Signing any vehicle purchase orders, sales contracts, leases,

odometer statements, or title documents, or having the name of the

buyer's agent appear on the vehicle purchase order, sales contract,

lease, or title; or

(c) Signing any other documentation relating to the purchase,

sale, lease, or transfer of any new motor vehicle.

It is unlawful for a buyer's agent to use a power of attorney

obtained from the consumer to accomplish or effect the purchase,

sale, lease, or transfer of ownership documents of any new motor

vehicle by any means which would otherwise be prohibited under

(a) through (c) of this subsection. However, the buyer's agent may

use a power of attorney for physical delivery of motor vehicle

license plates to the consumer.

Further, it is unlawful for a buyer's agent to engage in any false,

deceptive, or misleading advertising, disseminated in any manner

whatsoever, including but not limited to making any claim or

statement that the buyer's agent offers, obtains, or guarantees the

lowest price on any motor vehicle or words to similar effect.

(13) For a buyer's agent to arrange for or to negotiate the

purchase, or both, of a new motor vehicle through an out-of-state

dealer without disclosing in writing to the customer that the new

vehicle would not be subject to chapter 19.118 RCW. This

subsection also applies to leased vehicles. In addition, it is

unlawful for any buyer's agent to fail to have a written agreement

with the customer that: (a) Sets forth the terms of the parties'

agreement; (b) discloses to the customer the total amount of any fees

or other compensation being paid by the customer to the buyer's

agent for the agent's services; and (c) further discloses whether the

fee or any portion of the fee is refundable.

(14) Being a manufacturer, other than a motorcycle

manufacturer governed by chapter 46.93 RCW, to:

(a) Coerce or attempt to coerce any vehicle dealer to order or

accept delivery of any vehicle or vehicles, parts or accessories, or

any other commodities which have not been voluntarily ordered by

the vehicle dealer: PROVIDED, That recommendation,

endorsement, exposition, persuasion, urging, or argument are not

deemed to constitute coercion;

(b) Cancel or fail to renew the franchise or selling agreement of

any vehicle dealer doing business in this state without fairly

compensating the dealer at a fair going business value for his or her

capital investment which shall include but not be limited to tools,

equipment, and parts inventory possessed by the dealer on the day

he or she is notified of such cancellation or termination and which

are still within the dealer's possession on the day the cancellation or

termination is effective, if: (i) The capital investment has been

entered into with reasonable and prudent business judgment for the

purpose of fulfilling the franchise; and (ii) the cancellation or

nonrenewal was not done in good faith. Good faith is defined as

the duty of each party to any franchise to act in a fair and equitable

manner towards each other, so as to guarantee one party freedom

from coercion, intimidation, or threats of coercion or intimidation

from the other party: PROVIDED, That recommendation,

endorsement, exposition, persuasion, urging, or argument are not

deemed to constitute a lack of good faith;

(c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease

vehicles through any false, deceptive, or misleading sales or

financing practices including but not limited to those practices

declared unlawful in this section;

(d) Coerce or attempt to coerce a vehicle dealer to engage in any

practice forbidden in this section by either threats of actual

cancellation or failure to renew the dealer's franchise agreement;

(e) Refuse to deliver any vehicle publicly advertised for

immediate delivery to any duly licensed vehicle dealer having a

franchise or contractual agreement for the retail sale or lease of new

and unused vehicles sold or distributed by such manufacturer within

sixty days after such dealer's order has been received in writing

unless caused by inability to deliver because of shortage or

curtailment of material, labor, transportation, or utility services, or

by any labor or production difficulty, or by any cause beyond the

reasonable control of the manufacturer;

(f) To provide under the terms of any warranty that a purchaser

or lessee of any new or unused vehicle that has been sold or leased,

distributed for sale or lease, or transferred into this state for resale or

lease by the vehicle manufacturer may only make any warranty

claim on any item included as an integral part of the vehicle against

the manufacturer of that item.

Nothing in this section may be construed to impair the

obligations of a contract or to prevent a manufacturer, distributor,

representative, or any other person, whether or not licensed under

this chapter, from requiring performance of a written contract

entered into with any licensee hereunder, nor does the requirement

of such performance constitute a violation of any of the provisions

of this section if any such contract or the terms thereof requiring

performance, have been freely entered into and executed between

the contracting parties. This paragraph and subsection (14)(b) of

this section do not apply to new motor vehicle manufacturers

governed by chapter 46.96 RCW.

(15) Unlawful transfer of an ownership interest in a motor

vehicle as defined in RCW 19.116.050.

(16) To knowingly and intentionally engage in collusion with a

registered owner of a vehicle to repossess and return or resell the

vehicle to the registered owner in an attempt to avoid a suspended

license impound under chapter 46.55 RCW. However, compliance

with chapter 62A.9A RCW in repossessing, selling, leasing, or

otherwise disposing of the vehicle, including providing redemption

rights to the debtor, is not a violation of this section.

(17)(a) For a dealer to enter into a new motor vehicle sales

contract without disclosing in writing to a buyer of the new motor

vehicle, or to a dealer in the case of an unregistered motor vehicle,

any known damage and repair to the new motor vehicle if the

damage exceeds five percent of the manufacturer's suggested retail

price as calculated at the dealer's authorized warranty rate for labor

and parts, or one thousand dollars, whichever amount is greater. A

manufacturer or new motor vehicle dealer is not required to disclose

to a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a

new motor vehicle were damaged at any time if the damaged item

has been replaced with original or comparable equipment. A

replaced part is not part of the cumulative damage required to be

disclosed under this subsection.

(b) A manufacturer is required to provide the same disclosure to

a dealer of any known damage or repair as required in (a) of this

subsection.

(c) If disclosure of any known damage or repair is not required

under this section, a buyer may not revoke or rescind a sales contract



due to the fact that the new motor vehicle was damaged and repaired

before completion of the sale.

(d) As used in this section:

(i) "Cosmetic parts" means parts that are attached by and can be

replaced in total through the use of screws, bolts, or other fasteners

without the use of welding or thermal cutting, and includes

windshields, bumpers, hoods, or trim panels.

(ii) "Manufacturer's suggested retail price" means the retail

price of the new motor vehicle suggested by the manufacturer, and

includes the retail delivered price suggested by the manufacturer for

each accessory or item of optional equipment physically attached to

the new motor vehicle at the time of delivery to the new motor

vehicle dealer that is not included within the retail price suggested

by the manufacturer for the new motor vehicle.

Sec. 1137. RCW 46.72.060 and 1961 c 12 s 46.72.060 are


Every person having a cause of action for damages against any

person, firm, or corporation receiving a permit under the provisions

of this chapter, for injury, damages or wrongful death caused by any

careless, negligent or unlawful act of any such person, firm, or

corporation or his, their, or its agents or employees in conducting or

carrying on said business or in operating any motor propelled

vehicle for the carrying and transporting of passengers ((over and

along)) on any public street, road or highway shall have a cause of

action against the principal and surety upon the bond or the

insurance company and the insured for all damages sustained, and in

any such action the full amount of damages sustained may be

recovered against the principal, but the recovery against the surety

shall be limited to the amount of the bond.



The definitions set forth in this section apply throughout this

chapter.

(1) "Vehicle wrecker" means every person, firm, partnership,

association, or corporation engaged in the business of buying,

selling, or dealing in vehicles of a type required to be ((licensed))

registered under the laws of this state, for the purpose of wrecking,

dismantling, disassembling, or substantially changing the form of a

vehicle, or who buys or sells integral secondhand parts of

component material thereof, in whole or in part, or who deals in

secondhand vehicle parts.

(2) "Core" means a major component part received by a vehicle

wrecker in exchange for a like part sold by the vehicle wrecker, is

not resold as a major component part except for scrap metal value or

for remanufacture, and the vehicle wrecker maintains records for

three years from the date of acquisition to identify the name of the

person from whom the core was received.

(3) "Established place of business" means a building or

enclosure which the vehicle wrecker occupies either continuously or

at regular periods and where his books and records are kept and

business is transacted and which must conform with zoning

regulations.

(4) "Interim owner" means the owner of a vehicle who has the

original certificate of ((ownership)) title for the vehicle, which

certificate has been released by the person named on the certificate

and assigned to the person offering to sell the vehicle to the wrecker.

(5) "Major component part" includes at least each of the

following vehicle parts: (a) Engines and short blocks; (b) frame;

(c) transmission and/or transfer case; (d) cab; (e) door; (f) front or

rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed

or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.

The director may supplement this list by rule.

(6) "Wrecked vehicle" means a vehicle which is disassembled

or dismantled or a vehicle which is acquired with the intent to

dismantle or disassemble and never again to operate as a vehicle, or

a vehicle which has sustained such damage that its cost to repair

exceeds the fair market value of a like vehicle which has not

sustained such damage, or a damaged vehicle whose salvage value

plus cost to repair equals or exceeds its fair market value, if repaired,

or a vehicle which has sustained such damage or deterioration that it

may not lawfully operate upon the highways of this state for which

the salvage value plus cost to repair exceeds its fair market value, if

repaired; further, it is presumed that a vehicle is a wreck if it has

sustained such damage or deterioration that it may not lawfully

operate upon the highways of this state.



Within thirty days after acquiring a vehicle, the vehicle wrecker

shall furnish a written report to the department. This report shall be

in such form as the department shall prescribe and shall be

accompanied by evidence of ownership as determined by the

department. No vehicle wrecker may acquire a vehicle, including a

vehicle from an interim owner, without first obtaining evidence of

ownership as determined by the department. For a vehicle from an

interim owner, the evidence of ownership may not require that a title

be issued in the name of the interim owner as required by RCW

46.12.101 (as recodified by this act). The vehicle wrecker shall

furnish a monthly report of all acquired vehicles. This report shall

be made on forms prescribed by the department and contain such

information as the department may require. This statement shall be

signed by the vehicle wrecker or an authorized representative and

the facts therein sworn to before a notary public, or before an officer

or employee of the department designated by the director to

administer oaths or acknowledge signatures, pursuant to RCW

46.01.180.



This chapter applies to proportional registration and reciprocity

granted under the provisions of the International Registration Plan

(IRP). This chapter shall become effective and be implemented

beginning with the 1988 registration year.

(1) Provisions and terms of the IRP prevail unless given a

different meaning in chapter 46.04 RCW, this chapter, or in rules

adopted under the authority of this chapter.

(2) The director may adopt and enforce rules deemed necessary

to implement and administer this chapter.

(3) Owners having a fleet of apportionable vehicles operating in

two or more IRP member jurisdictions may elect to proportionally

register the vehicles of the fleet under the provisions of the IRP and

this chapter in lieu of full or temporary registration as provided for

in chapter((s)) 46.16 ((or 46.88)) RCW.

(4) If a due date or an expiration date established under authority

of this chapter falls on a Saturday, Sunday, or a state legal holiday,

such period is automatically extended through the end of the next

business day.



Terms used in this chapter have the meaning given to them in

the International Registration Plan (IRP), in chapter 46.04 RCW, or

as otherwise defined in this section. Definitions given to terms by

the IRP prevail unless given a different meaning in this chapter or in

rules adopted under authority of this chapter.

(1) "Apportionable vehicle" has the meaning given by the IRP,

except that it does not include vehicles with a declared gross weight

of twelve thousand pounds or less. Apportionable vehicles include

trucks, tractors, truck tractors, road tractors, and buses, each as

separate and licensable vehicles.

(2) "Cab card" is a certificate of registration issued for a vehicle

upon which is disclosed the jurisdictions and registered gross

weights in such jurisdictions for which the vehicle is registered.


(3) "Credentials" means cab cards, apportioned plates (for

Washington-based fleets), and validation tabs issued for

proportionally registered vehicles.

(4) "Declared combined gross weight" means the total unladen

weight of any combination of vehicles plus the weight of the

maximum load to be carried on the combination of vehicles as set by

the registrant in the application pursuant to chapter 46.44 RCW and

for which registration fees have been or are to be paid.

(5) "Declared gross weight" means the total unladen weight of

any vehicle plus the weight of the maximum load to be carried on

the vehicle as set by the registrant in the application pursuant to

chapter 46.44 RCW and for which registration fees have been or are

to be paid. In the case of a bus, auto stage, or a passenger-carrying

for hire vehicle with a seating capacity of more than six, the declared

gross weight shall be determined by multiplying the average load

factor of one hundred and fifty pounds by the number of seats in the

vehicle, including the driver's seat, and add this amount to the

unladen weight of the vehicle. If the resultant gross weight is not

listed in ((RCW 46.16.070)) section 530 of this act, it will be

increased to the next higher gross weight so listed pursuant to

chapter 46.44 RCW.


(7) "Fleet" means one or more apportionable vehicles in the

IRP.

(8) "In-jurisdiction miles" means the total miles accumulated in

a jurisdiction during the preceding year by vehicles of the fleet while

they were a part of the fleet.

(9) "IRP" means the International Registration Plan.

(10) "Jurisdiction" means and includes a state, territory or

possession of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, a foreign country, and a state or

province of a foreign country.

(11) "Motor carrier" means an entity engaged in the

transportation of goods or persons. The term includes a for-hire

motor carrier, private motor carrier, contract motor carrier, or

exempt motor carrier. The term includes a registrant licensed under

this chapter, a motor vehicle lessor, and a motor vehicle lessee.

(12) "Owner" means a person or business firm who holds the

legal title to a vehicle, or if a vehicle is the subject of an agreement

for its conditional sale with the right of purchase upon performance

of the conditions stated in the agreement and with an immediate

right of possession vested in the conditional vendee, or if a vehicle is

subject to a lease, contract, or other legal arrangement vesting right

of possession or control, for security or otherwise, or if a mortgagor

of a vehicle is entitled to possession, then the owner is deemed to be

the person or business firm in whom is vested right of possession or

control.

(13) "Preceding year" means the period of twelve consecutive

months immediately before July 1st of the year immediately before

the commencement of the registration or license year for which

apportioned registration is sought.

(14) "Prorate percentage" is the factor that is applied to the total

proratable fees and taxes to determine the apportionable or prorate

fees required for registration in a particular jurisdiction. It is

determined by dividing the in-jurisdiction miles for a particular

jurisdiction by the total miles. This term is synonymous with the

term "mileage percentage."

(15) "Registrant" means a person, business firm, or corporation

in whose name or names a vehicle or fleet of vehicles is registered.

(16) "Registration year" means the twelve-month period during

which the registration plates issued by the base jurisdiction are valid

according to the laws of the base jurisdiction.

(17) "Total miles" means the total number of miles accumulated

in all jurisdictions during the preceding year by all vehicles of the

fleet while they were a part of the fleet. Mileage accumulated by

vehicles of the fleet that did not engage in interstate operations is not

included in the fleet miles.



(1) When application to register an apportionable vehicle is

made, the Washington prorated fees may be reduced by one-twelfth

for each full registration month that has elapsed at the time a

temporary authorization permit (TAP) was issued or if no TAP was

issued, at such time as an application for registration is received in

the department. If a vehicle is being added to a currently registered

fleet, the prorate percentage previously established for the fleet for

such registration year shall be used in the computation of the

proportional fees and taxes due.

(2) If any vehicle is withdrawn from a proportionally registered

fleet during the period for which it is registered under this chapter,

the registrant of the fleet shall notify the department on appropriate

forms prescribed by the department. The department may require

the registrant to surrender credentials that were issued to the vehicle.

If a motor vehicle is permanently withdrawn from a proportionally

registered fleet because it has been destroyed, sold, or otherwise

completely removed from the service of the fleet registrant, the

unused portion of the ((licensing)) license fee paid under ((RCW

46.16.070)) section 530 of this act with respect to the vehicle

reduced by one- twelfth for each calendar month and fraction

thereof elapsing between the first day of the month of the current

registration year in which the vehicle was registered and the date the

notice of withdrawal, accompanied by such credentials as may be

required, is received in the department, shall be credited to the fleet

proportional registration account of the registrant. Credit shall be

applied against the ((licensing)) license fee liability for subsequent

additions of motor vehicles to be proportionally registered in the

fleet during such registration year or for additional ((licensing))

license fees due under ((RCW 46.16.070)) section 530 of this act or

to be due upon audit under RCW 46.87.310. If any credit is less

than fifteen dollars, no credit will be entered. In lieu of credit, the

registrant may choose to transfer the unused portion of the

((licensing)) license fee for the motor vehicle to the new owner, in

which case it shall remain with the motor vehicle for which it was

originally paid. In no event may any amount be credited against

fees other than those for the registration year from which the credit

was obtained nor is any amount subject to refund.



(1) Any owner engaged in interstate operations of one or more

fleets of apportionable vehicles may, in lieu of registration of the

vehicles under chapter 46.16 RCW, register and license the vehicles

of each fleet under this chapter by filing a proportional registration

application for each fleet with the department. The application

shall contain the following information and such other information

pertinent to vehicle registration as the department may require:

(a) A description and identification of each vehicle of the fleet.

(b) The member jurisdictions in which registration is desired

and such other information as member jurisdictions require.

(c) An original or renewal application shall also be

accompanied by a mileage schedule for each fleet.

(d) The USDOT number issued to the registrant and the

USDOT number of the motor carrier responsible for the safety of

the vehicle, if different.

(e) A completed Motor Carrier Identification Report

(MCS-150) at the time of fleet renewal or at the time of vehicle

registration, if required by the department.

(f) The Taxpayer Identification Number of the registrant and the

motor carrier responsible for the safety of the vehicle, if different.

(2) Each application shall, at the time and in the manner

required by the department, be supported by payment of a fee

computed as follows:



(a) Divide the in-jurisdiction miles by the total miles and carry

the answer to the nearest thousandth of a percent (three places

beyond the decimal, e.g. 10.543%). This factor is known as the

prorate percentage.

(b) Determine the total proratable fees and taxes required for

each vehicle in the fleet for which registration is requested, based on

the regular annual fees and taxes or applicable fees and taxes for the

unexpired portion of the registration year under the laws of each

jurisdiction for which fees or taxes are to be calculated.

Applicable fees and taxes for vehicles of Washington-based

fleets are those prescribed under ((RCW 46.16.070)) section 530 of

this act, ((46.16.085)) section 531(1)(c) of this act, and RCW

82.38.075, as applicable. If, during the registration period, the

lessor of an apportioned vehicle changes and the vehicle remains in

the fleet of the registrant, the department shall only charge those fees

prescribed for the issuance of new apportioned license plates,

validation tabs, and cab card.

(c) Multiply the total, proratable fees or taxes for each motor

vehicle by the prorate percentage applicable to the desired

jurisdiction and round the results to the nearest cent.

(d) Add the total fees and taxes determined in (c) of this

subsection for each vehicle to the nonproratable fees required under

the laws of the jurisdiction for which fees are being calculated.

Nonproratable fees required for vehicles of Washington-based fleets

are the administrative fee required by RCW 82.38.075, if applicable,

and the vehicle transaction fee pursuant to the provisions of RCW

46.87.130.

(e) The amount due and payable for the application is the sum of

the fees and taxes calculated for each member jurisdiction in which

registration of the fleet is desired.

(3) All assessments for proportional registration fees are due

and payable in United States funds on the date presented or mailed

to the registrant at the address listed in the proportional registration

records of the department. The registrant may petition for

reassessment of the fees or taxes due under this section within thirty

days of the date of original service as provided for in this chapter.



The gross weight in the case of a motor truck, tractor, or truck

tractor is the scale weight of the motor truck, tractor, or truck tractor,

plus the scale weight of any trailer, semitrailer, converter gear, or

pole trailer to be towed by it, to which shall be added the weight of

the maximum load to be carried on it or towed by it as set forth by

the licensee in the application providing it does not exceed the

weight limitations prescribed by chapter 46.44 RCW.

The gross weight in the case of a bus, auto stage, or for hire

vehicle, except a taxicab, with a seating capacity over six, is the

scale weight of the bus, auto stage, or for hire vehicle plus the

seating capacity, including the operator's seat, computed at one

hundred and fifty pounds per seat.

If the resultant gross weight, according to this section, is not

listed in ((RCW 46.16.070)) section 530 of this act, it will be

increased to the next higher gross weight so listed pursuant to

chapter 46.44 RCW.

A motor vehicle or combination of vehicles found to be loaded

beyond the licensed gross weight of the motor vehicle registered

under this chapter shall be cited and handled under RCW 46.16.140

and 46.16.145 (as recodified by this act).



(1) The department of transportation may increase the

recreational vehicle sanitary disposal fee charged under section 534

of this act as authorized in RCW 43.135.055 by a percentage that

exceeds the fiscal growth factor. After consultation with citizen

representatives of the recreational vehicle user community, the

department of transportation may implement RV account fee

adjustments no more than once every four years. RV account fee

adjustments must be preceded by an evaluation of the following

factors:

(a) Maintenance of a self-supporting program;

(b) Levels of service at existing recreational vehicle sanitary

disposal facilities;

(c) Identified needs for improved recreational vehicle service at

safety rest areas statewide;

(d) Sewage treatment costs; and

(e) Inflation.

(2) If the department of transportation chooses to adjust the RV

account fee, it shall notify the department of licensing six months

before implementation of the fee increase. Adjustments in the RV

account fee must be in increments of no more than fifty cents per

biennium.

Sec. 1146. RCW 47.10.704 and 1961 c 13 s 47.10.704 are


In order to facilitate vehicular traffic through and between the

cities of Tacoma, Seattle, and Everett and to remove the present

handicaps and hazards ((over and along)) on primary state highway

No. 1 as presently established, the state highway commission is

authorized to realign, redesign, and reconstruct primary state

highway No. 1 upon a newly located right-of-way or upon portions

of existing right-of-way through and between the cities of Tacoma,

Seattle, and Everett and as an additional alternate route bypassing

Seattle east of Lake Washington. The route of the proposed project

is established as follows: Beginning in the vicinity of Ponders

Corner, thence in a general northeasterly and northerly direction

through the cities of Tacoma and Seattle to a point in the vicinity of

the city of Everett and as an additional alternate route bypassing

Seattle east of Lake Washington.



A person who is required to register an aircraft under this

chapter and who registers an aircraft in another state or foreign

country evading the Washington aircraft excise tax is guilty of a

gross misdemeanor. For a second or subsequent offense, the

person convicted is also subject to a fine equal to four times the

amount of avoided taxes and fees, no part of which may be

suspended or deferred. Excise taxes owed and fines assessed will

be deposited in the manner provided under RCW 46.16.010(((4)))

(6) (as recodified by this act).




this section apply throughout this section and RCW 48.22.115

through 48.22.135.

(1) "Borrower" means a person who receives a loan or enters

into a retail installment contract under chapter 63.14 RCW to

purchase a motor vehicle or vessel in which the secured party holds

an interest.

(2) "Motor vehicle" means a motor vehicle in this state subject

to registration under chapter 46.16 RCW, except motor vehicles

governed by RCW 46.16.020 (as recodified by this act) or registered

with the Washington utilities and transportation commission as

common or contract carriers.

(3) "Secured party" means a person, corporation, association,

partnership, or venture that possesses a bona fide security interest in

a motor vehicle or vessel.

(4) "Vendor single-interest" or "collateral protection coverage"

means insurance coverage insuring primarily or solely the interest of

a secured party but which may include the interest of the borrower in

a motor vehicle or vessel serving as collateral and obtained by the

secured party or its agent after the borrower has failed to obtain or


maintain insurance coverage required by the financing agreement

for the motor vehicle or vessel. Vendor single-interest or collateral

protection coverage does not include insurance coverage purchased

by a secured party for which the borrower is not charged.

(5) "Vessel" means a vessel as defined in RCW 88.02.010 (as

recodified by this act) and includes personal watercraft as defined in

RCW 79A.60.010.



(1) The existence of the mobile home park relocation fund in the

custody of the state treasurer is affirmed. Expenditures from the

fund may be used only for relocation assistance awarded under this

chapter. Only the director or the director's designee may authorize

expenditures from the fund. All relocation payments to tenants

shall be made from the fund. The fund is subject to allotment

procedures under chapter 43.88 RCW, but no appropriation is

required for expenditures.

(2) A park tenant is eligible for assistance under this chapter

only after an application is submitted by that tenant or an

organization acting on the tenant's account under RCW

59.21.021(4) on a form approved by the director which shall

include:

(a) For those persons who maintained ownership of and

relocated their homes or removed their homes from the park: (i) A

copy of the notice from the park-owner, or other adequate proof, that

the tenancy is terminated due to closure of the park or its conversion

to another use; (ii) a copy of the rental agreement then in force, or

other proof that the applicant was a tenant at the time of notice of

closure; (iii) a copy of the contract for relocating the home which

includes the date of relocation, or other proof of actual relocation

expenses incurred on a date certain; and (iv) a statement of any other

available assistance;

(b) For those persons who sold their homes and incurred no

relocation expenses: (i) A copy of the notice from the park-owner,

or other adequate proof, that the tenancy is terminated due to closure

of the park or its conversion to another use; (ii) a copy of the rental

agreement then in force, or other proof that the applicant was a

tenant at the time of notice of closure; and (iii) a copy of the record

of title transfer issued by the department of licensing when the

tenant sold the home rather than relocate it due to park closure or

conversion.

(3) The department may deduct a percentage amount of the fee

collected under ((RCW 59.21.055)) section 511 of this act, not to

exceed five percent of the fees received, for administration expenses

incurred by the department.


reenacted and amended to read as follows:

The following definitions shall apply throughout this chapter

unless the context clearly requires otherwise:

(1) "Account" means the manufactured housing account created


(2) "Affordable" means that, where feasible, low-income

residents should not pay more than thirty percent of their monthly

income for housing costs.

(3) "Conversion costs" includes the cost of acquiring the mobile

home park, the costs of planning and processing the conversion, the

costs of any needed repairs or rehabilitation, and any expenditures

required by a government agency or lender for the project.

(4) "Department" means the department of commerce.

(5) "Fee" means the mobile home title transfer fee imposed

under ((RCW 59.22.080)) section 510 of this act.

(6) "Fund" or "park purchase account" means the mobile home

park purchase account created pursuant to RCW 59.22.030.

(7) "Housing costs" means the total cost of owning, occupying,

and maintaining a mobile home and a lot or space in a mobile home

park.

(8) "Individual interest in a mobile home park" means any

interest which is fee ownership or a lesser interest which entitles the

holder to occupy a lot or space in a mobile home park for a period of

not less than either fifteen years or the life of the holder. Individual

interests in a mobile home park include, but are not limited to, the

following:

(a) Ownership of a lot or space in a mobile home park or

subdivision;

(b) A membership or shares in a stock cooperative, or a limited

equity housing cooperative; or

(c) Membership in a nonprofit mutual benefit corporation which

owns, operates, or owns and operates the mobile home park.

(9) "Landlord" shall have the same meaning as it does in RCW

59.20.030.

(10) "Low-income resident" means an individual or household

who resided in the mobile home park prior to application for a loan

pursuant to this chapter and with an annual income at or below

eighty percent of the median income for the county of standard

metropolitan statistical area of residence. Net worth shall be

considered in the calculation of income with the exception of the

resident's mobile/home which is used as their primary residence.

(11) "Low-income spaces" means those spaces in a mobile

home park operated by a resident organization which are occupied

by low-income residents.

(12) "Manufactured housing" means residences constructed on

one or more chassis for transportation, and which bear an insignia

issued by a state or federal regulatory agency indication compliance

with all applicable construction standards of the United States

department of housing and urban development.

(13) "Mobile home" shall have the same meaning as it does in

RCW 46.04.302.

(14) "Mobile home lot" shall have the same meaning as it does

in RCW 59.20.030.

(15) "Mobile home park" means a mobile home park, as defined

in RCW 59.20.030(10), or a manufactured home park subdivision

as defined by RCW 59.20.030(12) created by the conversion to

resident ownership of a mobile home park.

(16) "Resident organization" means a group of mobile home

park residents who have formed a nonprofit corporation,

cooperative corporation, or other entity or organization for the

purpose of acquiring the mobile home park in which they reside and

converting the mobile home park to resident ownership. The

membership of a resident organization shall include at least

two-thirds of the households residing in the mobile home park at the

time of application for assistance from the department.

(17) "Resident ownership" means, depending on the context,

either the ownership, by a resident organization, as defined in this

section, of an interest in a mobile home park which entitles the

resident organization to control the operations of the mobile home

park for a term of no less than fifteen years, or the ownership of

individual interests in a mobile home park, or both.

(18) "Tenant" means a person who rents a mobile home lot for a

term of one month or longer and owns the mobile home on the lot.

Sec. 1151. RCW 62A.9A-311 and 2001 c 32 s 25 are each


(a) Security interest subject to other law. Except as

otherwise provided in subsection (d) of this section, the filing of a

financing statement is not necessary or effective to perfect a security

interest in property subject to:

(1) A statute, regulation, or treaty of the United States whose

requirements for a security interest's obtaining priority over the

rights of a lien creditor with respect to the property preempt RCW

62A.9A-310(a);

(2) RCW ((46.12.095)) 46.12.170 or 88.02.070 (as recodified

by this act), or chapter 65.12 RCW; or



(3) A certificate-of-title statute of another jurisdiction which

provides for a security interest to be indicated on the certificate as a

condition or result of the security interest's obtaining priority over

the rights of a lien creditor with respect to the property.

(b) Compliance with other law. Compliance with the

requirements of a statute, regulation, or treaty described in

subsection (a) of this section for obtaining priority over the rights of

a lien creditor is equivalent to the filing of a financing statement

under this Article. Except as otherwise provided in subsection (d)

of this section, RCW 62A.9A-313, and 62A.9A-316 (d) and (e) for

goods covered by a certificate of title, a security interest in property

subject to a statute, regulation, or treaty described in subsection (a)

of this section may be perfected only by compliance with those

requirements, and a security interest so perfected remains perfected

notwithstanding a change in the use or transfer of possession of the

collateral.

(c) Duration and renewal of perfection. Except as otherwise

provided in subsection (d) of this section and RCW 62A.9A-316 (d)

and (e), duration and renewal of perfection of a security interest

perfected by compliance with the requirements prescribed by a

statute, regulation, or treaty described in subsection (a) of this

section are governed by the statute, regulation, or treaty. In other

respects, the security interest is subject to this Article.

(d) Inapplicability to certain inventory. During any period

in which collateral subject to RCW 46.12.095 or 88.02.070 (as

recodified by this act), or chapter 65.12 RCW is inventory held for

sale or lease by a person or leased by that person as lessor and that

person is in the business of selling goods of that kind, this section

does not apply to a security interest in that collateral created by that

person.


reenacted and amended to read as follows:

In this chapter, unless the context otherwise requires:

(1) "Financial institution" means any bank or trust company,

mutual savings bank, credit union, or savings and loan association

organized pursuant to the laws of any one of the United States of

America or the United States of America, or the laws of a foreign

country if also qualified to conduct business in any one of the United

States of America or pursuant to the laws of the United States of

America;

(2) "Goods" means all chattels personal when purchased

primarily for personal, family, or household use and not for

commercial or business use, but not including money or, except as

provided in the next sentence, things in action. The term includes

but is not limited to merchandise certificates or coupons, issued by a

retail seller, to be used in their face amount in lieu of cash in

exchange for goods or services sold by such a seller and goods

which, at the time of sale or subsequently, are to be so affixed to real

property as to become a part thereof, whether or not severable

therefrom;

(3) "Lender credit card" means a card or device under a lender

credit card agreement pursuant to which the issuer gives to a

cardholder residing in this state the privilege of obtaining credit

from the issuer or other persons in purchasing or leasing property or

services, obtaining loans, or otherwise, and the issuer of which is

not: (a) Principally engaged in the business of selling goods; or (b)

a financial institution;

(4) "Lender credit card agreement" means an agreement entered

into or performed in this state prescribing the terms of retail

installment transactions pursuant to which the issuer may, with the

buyer's consent, purchase or acquire one or more retail sellers'

indebtedness of the buyer under a sales slip or memorandum

evidencing the purchase, lease, loan, or otherwise to be paid in

accordance with the agreement. The issuer of a lender credit card

agreement shall not be principally engaged in the business of selling

goods or be a financial institution;

(5) "Official fees" means the amount of the fees prescribed by

law and payable to the state, county, or other governmental agency

for filing, recording, or otherwise perfecting, and releasing or

satisfying, a retained title, lien, or other security interest created by a

retail installment transaction;

(6) "Person" means an individual, partnership, joint venture,

corporation, association, or any other group, however organized;

(7) "Principal balance" means the sale price of the goods or

services which are the subject matter of a retail installment contract

less the amount of the buyer's down payment in money or goods or

both, plus the amounts, if any, included therein, if a separate

identified charge is made therefor and stated in the contract, for

insurance, any vehicle dealer administrative fee, any vehicle dealer

documentary service fee, and official fees; and the amount actually

paid or to be paid by the retail seller pursuant to an agreement with

the buyer to discharge a security interest or lien on like-kind goods

traded in or lease interest in the circumstance of a lease for like

goods being terminated in conjunction with the sale pursuant to a

retail installment contract;

(8) "Rate" means the percentage which, when multiplied times

the outstanding balance for each month or other installment period,

yields the amount of the service charge for such month or period;

(9) "Retail buyer" or "buyer" means a person who buys or

agrees to buy goods or obtain services or agrees to have services

rendered or furnished, from a retail seller;

(10) "Retail charge agreement," "revolving charge agreement,"

or "charge agreement" means an agreement between a retail buyer

and a retail seller that is entered into or performed in this state and

that prescribes the terms of retail installment transactions with one

or more sellers which may be made thereunder from time to time

and under the terms of which a service charge, as defined in this

section, is to be computed in relation to the buyer's unpaid balance

from time to time;

(11) "Retail installment contract" or "contract" means a

contract, other than a retail charge agreement, a lender credit card

agreement, or an instrument reflecting a sale made pursuant thereto,

entered into or performed in this state for a retail installment

transaction. The term "retail installment contract" may include a

chattel mortgage, a conditional sale contract, and a contract in the

form of a bailment or a lease if the bailee or lessee contracts to pay

as compensation for their use a sum substantially equivalent to or in

excess of the value of the goods sold and if it is agreed that the bailee

or lessee is bound to become, or for no other or a merely nominal

consideration, has the option of becoming the owner of the goods

upon full compliance with the provisions of the bailment or lease.

The term "retail installment contract" does not include: (a) A

"consumer lease," heretofore or hereafter entered into, as defined in

RCW 63.10.020; (b) a lease which would constitute such "consumer

lease" but for the fact that: (i) It was entered into before April 29,

1983; (ii) the lessee was not a natural person; (iii) the lease was not

primarily for personal, family, or household purposes; or (iv) the

total contractual obligations exceeded twenty-five thousand dollars;

or (c) a lease-purchase agreement under chapter 63.19 RCW;

(12) "Retail installment transaction" means any transaction in

which a retail buyer purchases goods or services from a retail seller

pursuant to a retail installment contract, a retail charge agreement, or

a lender credit card agreement, as defined in this section, which

provides for a service charge, as defined in this section, and under

which the buyer agrees to pay the unpaid principal balance in one or

more installments or which provides for no service charge and under

which the buyer agrees to pay the unpaid balance in more than four

installments;


(13) "Retail seller" or "seller" means a person engaged in the

business of selling goods or services to retail buyers;

(14) "Sale price" means the price for which the seller would

have sold or furnished to the buyer, and the buyer would have

bought or obtained from the seller, the goods or services which are

the subject matter of a retail installment transaction. The sale price

may include any taxes, registration and vehicle license fees, the cost

of a guaranteed asset protection waiver, any vehicle dealer

administrative fee, any vehicle dealer documentary service fee, and

charges for transferring vehicle titles, delivery, installation,

servicing, repairs, alterations, or improvements;

(15) "Service charge" however denominated or expressed,

means the amount which is paid or payable for the privilege of

purchasing goods or services to be paid for by the buyer in

installments over a period of time. It does not include the amount,

if any, charged for insurance premiums, delinquency charges,

attorneys' fees, court costs, any vehicle dealer administrative fee

under ((RCW 46.12.042)) section 820(1) of this act, any vehicle

dealer documentary service fee under RCW 46.70.180(2), or official

fees;

(16) "Services" means work, labor, or services of any kind when

purchased primarily for personal, family, or household use and not

for commercial or business use whether or not furnished in

connection with the delivery, installation, servicing, repair, or

improvement of goods and includes repairs, alterations, or

improvements upon or in connection with real property, but does not

include services for which the price charged is required by law to be

determined or approved by or to be filed, subject to approval or

disapproval, with the United States or any state, or any department,

division, agency, officer, or official of either as in the case of

transportation services;

(17) "Time balance" means the principal balance plus the

service charge.



The service charge shall be inclusive of all charges incident to

investigating and making the retail installment contract or charge

agreement and for the privilege of making the installment payments

thereunder and no other fee, expense or charge whatsoever shall be

taken, received, reserved, or contracted therefor from the buyer,

except for any vehicle dealer administrative fee under ((RCW

46.12.042)) section 820(1) of this act or for any vehicle dealer

documentary service fee under RCW 46.70.180(2).

(1) The service charge, in a retail installment contract, shall not

exceed the dollar amount or rate agreed to by contract and disclosed

under RCW 63.14.040(1)(h).

(2) The service charge in a retail charge agreement, revolving

charge agreement, lender credit card agreement, or charge

agreement, shall not exceed the schedule or rate agreed to by

contract and disclosed under RCW 63.14.120(1). If the service

charge so computed is less than one dollar for any month, then one

dollar may be charged.




this section apply throughout this chapter.

(1) "Affixed" means that the manufactured home is installed in

accordance with the installation standards in state law.


(3) "Eliminating the title" means to cancel an existing certificate

of title issued by this state or a foreign jurisdiction or to waive the

certificate of ((ownership)) title required ((by)) in chapter 46.12

RCW and recording the appropriate documents in the county real

property records pursuant to this chapter.

(4) "Homeowner" means the owner of a manufactured home.

(5) "Land" means real property excluding the manufactured

home.

(6) "Manufactured home" or "mobile home" means a structure,

designed and constructed to be transportable in one or more sections

and is built on a permanent chassis and designed to be used as a

dwelling with or without a permanent foundation when connected to

the required utilities that include plumbing, heating, and electrical

systems contained therein. The structure must comply with the

national mobile home construction and safety standards act of 1974

as adopted by chapter 43.22 RCW if applicable. "Manufactured

home" does not include a modular home. A structure which met

the definition of a "manufactured home" at the time of manufacture

is still considered to meet this definition notwithstanding that it is no

longer transportable.

(7) "Owner" means, when referring to a manufactured home

that is titled, the person who is the registered owner. When

referring to a mobile home that is untitled pursuant to this chapter,

the owner is the person who owns the land. When referring to land,

the person may have fee simple title, have a leasehold estate of

thirty-five years or more, or be purchasing the property on a real

estate contract. Owners include joint tenants, tenants in common,

holders of legal life estates, and holders of remainder interests.

(8) "Person" means any individual, trustee, partnership,

corporation, or other legal entity. "Person" may refer to more than

one individual or entity.

(9) "Secured party" means the legal owner when referring to a

titled mobile home, or the lender securing a loan through a

mortgage, deed of trust, or real estate contract when referring to land

or land containing an untitled manufactured home pursuant to this

chapter.

(10) "Security interest" means an interest in property to secure

payment of a loan made by a secured party to a borrower.

(11) "Title" or "titled" means a certificate of ((ownership)) title

issued pursuant to chapter 46.12 RCW.



If a manufactured home is affixed to land that is owned by the

homeowner, the homeowner may apply to the department to have

the title to the manufactured home eliminated. The application

package shall consist of the following:

(1) An affidavit, in the form prescribed by the department,

signed by all the owners of the manufactured home and containing:

(a) The date;

(b) The names of all of the owners of record of the

manufactured home;

(c) The legal description of the real property;

(d) A description of the manufactured home including model

year, make, width, length, and vehicle identification number;

(e) The names of all secured parties in the manufactured home;

and

(f) A statement that the owner of the manufactured home owns

the real property to which it is affixed;

(2) Certificate of ((ownership)) title for the manufactured home,

or the manufacturer's statement of origin in the case of a new

manufactured home. Where title is held by the secured party as

legal owner, the consent of the secured party must be indicated by

the legal owner releasing his or her security interest;

(3) A certification by the local government indicating that the

manufactured home is affixed to the land;

(4) Payment of all ((licensing)) vehicle license fees, excise tax,

use tax, real estate tax, recording fees, and proof of payment of all

property taxes then due; and

(5) Any other information the department may require.







(1) "Adult" means an individual who is at least eighteen years

old.

(2) "Agent" means an individual:

(a) Authorized to make health care decisions on the principal's

behalf by a power of attorney for health care; or

(b) Expressly authorized to make an anatomical gift on the

principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human

body to take effect after the donor's death for the purpose of

transplantation, therapy, research, or education.

(4) "Decedent" means a deceased individual whose body or part

is or may be the source of an anatomical gift.

(5) "Disinterested witness" means a witness other than the

spouse or state registered domestic partner, child, parent, sibling,

grandchild, grandparent, or guardian of the individual who makes,

amends, revokes, or refuses to make an anatomical gift. The term

does not include a person to which an anatomical gift could pass


(6) "Document of gift" means a donor card or other record used

to make an anatomical gift. The term includes a statement or

symbol on a driver's license, identification card, or donor registry.

(7) "Donor" means an individual whose body or part is the

subject of an anatomical gift.

(8) "Donor registry" means a database that contains records of

anatomical gifts and amendments to or revocations of anatomical

gifts.

(9) "Driver's license" means a license or permit issued by the

department of licensing to operate a vehicle, whether or not

conditions are attached to the license or permit.

(10) "Eye bank" means a person that is licensed, accredited, or

regulated under federal or state law to engage in the recovery,

screening, testing, processing, storage, or distribution of human eyes

or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make

decisions regarding the support, care, education, health, or welfare

of an individual. The term does not include a guardian ad litem.

(12) "Hospital" means a facility licensed as a hospital under the

law of any state or a facility operated as a hospital by the United

States, a state, or a subdivision of a state.

(13) "Identification card" means an identification card issued by

the department of licensing.

(14) "Know" means to have actual knowledge.

(15) "Minor" means an individual who is less than eighteen

years old.

(16) "Organ procurement organization" means a person

designated by the secretary of the United States department of health

and human services as an organ procurement organization.

(17) "Parent" means a parent whose parental rights have not

been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being.

The term does not include the whole body.

(19) "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association, joint

venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or

commercial entity.

(20) "Physician" means an individual licensed or otherwise

authorized to practice medicine and surgery or osteopathic medicine

and surgery under the law of any state.

(21) "Procurement organization" means an eye bank, organ

procurement organization, or tissue bank.

(22) "Prospective donor" means an individual whose death is

imminent and has been determined by a procurement organization

to have a part that could be medically suitable for transplantation,

therapy, research, or education. "Prospective donor" does not

include an individual who has made a refusal.

(23) "Reasonable costs" include: (a) Programming and

software installation and upgrades; (b) employee training that is

specific to the organ and tissue donor registry or the donation

program created in RCW ((46.12.510)) 46.16.076(2) (as recodified

by this act); (c) literature that is specific to the organ and tissue

donor registry or the donation program created in RCW

((46.12.510)) 46.16.076(2) (as recodified by this act); and (d)

hardware upgrades or other issues important to the organ and tissue

donor registry or the donation program created in RCW

((46.12.510)) 46.16.076(2) (as recodified by this act) that have been

mutually agreed upon in advance by the department of licensing and

the Washington state organ procurement organizations.

(24) "Reasonably available" means able to be contacted by a

procurement organization without undue effort and willing and able

to act in a timely manner consistent with existing medical criteria

necessary for the making of an anatomical gift.

(25) "Recipient" means an individual into whose body a

decedent's part has been or is intended to be transplanted.

(26) "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form.

(27) "Refusal" means a record created under RCW 68.64.060

that expressly states an intent to bar other persons from making an

anatomical gift of an individual's body or part.

(28) "Sign" means, with the present intent to authenticate or

adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an

electronic symbol, sound, or process.

(29) "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States.

(30) "Technician" means an individual determined to be

qualified to remove or process parts by an appropriate organization

that is licensed, accredited, or regulated under federal or state law.

The term includes an enucleator.

(31) "Tissue" means a portion of the human body other than an

organ or an eye. The term does not include blood unless the blood

is donated for the purpose of research or education.

(32) "Tissue bank" means a person that is licensed to conduct

business in this state, accredited, and regulated under federal or state

law to engage in the recovery, screening, testing, processing,

storage, or distribution of tissue.

(33) "Transplant hospital" means a hospital that furnishes organ

transplants and other medical and surgical specialty services

required for the care of transplant patients.

(34) "Washington state organ procurement organization" means

an organ procurement organization that has been designated by the

United States department of health and human services to

coordinate organ procurement activities for any portion of

Washington state.



(1) The organ and tissue donation awareness account is created

in the custody of the state treasurer. All receipts from donations

made under RCW ((46.12.510)) 46.16.076(2)(as recodified by this

act), and other contributions and appropriations specifically made

for the purposes of organ and tissue donor awareness, shall be

deposited into the account. Except as provided in subsection (2) of

this section, expenditures from the account may be authorized by the


director of the department of licensing or the director's designee and

do not require an appropriation.

(2) The department of licensing shall submit a funding request

to the legislature covering the reasonable costs associated with the

ongoing maintenance associated with the electronic transfer of the

donor information to the organ and tissue donor registry and the

donation program established in RCW ((46.12.510))

46.16.076(2)(as recodified by this act). The legislature shall

appropriate to the department of licensing an amount it deems

reasonable from the organ and tissue donation awareness account to

the department of licensing for these purposes.

(3) At least quarterly, the department of licensing shall transmit

any remaining moneys in the organ and tissue donation awareness

account to the foundation established in RCW ((46.12.510))

46.16.076(2)(as recodified by this act) for the costs associated with

educating the public about the organ and tissue donor registry and

related organ and tissue donation education programs.

(4) Funding for donation awareness programs must be

proportional across the state regardless of which Washington state

organ procurement organization may be designated by the United

States department of health and human services to serve a particular

geographic area. No funds from the account may be used to fund

activities outside Washington state.



The emergency medical services and trauma care system trust

account is hereby created in the state treasury. Moneys shall be

transferred to the emergency medical services and trauma care

system trust account from the public safety education account or

other sources as appropriated, and as collected under RCW

46.63.110(((6))) (7) and ((46.12.042)) section 820 of this act.

Disbursements shall be made by the department subject to

legislative appropriation. Expenditures may be made only for the

purposes of the state trauma care system under this chapter,

including emergency medical services, trauma care services,

rehabilitative services, and the planning and development of related

services under this chapter and for reimbursement by the department

of social and health services for trauma care services provided by

designated trauma centers. ((During the 2001-2003 fiscal

biennium, the legislature may transfer from the emergency medical

services and trauma care system trust account to the state general

fund such amounts as reflect the excess fund balance of the

account.))



(1) The department shall issue to the surviving spouse or

surviving domestic partner of any deceased former prisoner of war

described in ((RCW 73.04.110(1)(b))) section 619(1)(c) of this act,

one set of regular or special license plates for use on a personal

passenger vehicle registered to that person.

(2) The plates shall be issued without the payment of any license

fees or excise tax on the vehicle. Whenever any person who has

been issued license plates under this section applies to the

department for transfer of the plates to a subsequently acquired

motor vehicle, a transfer fee of five dollars shall be charged in

addition to all other appropriate fees. If the surviving spouse

remarries or the surviving domestic partner registers in a new

domestic partnership, he or she shall return the special plates to the

department within fifteen days and apply for regular license plates.

(3) For purposes of this section, the term "special license plates"

does not include any plate from the armed forces license plate

collection established in ((RCW 46.16.30920)) section 611(3) of

this act.



The wildlife rehabilitation account is created in the state

treasury. All receipts from moneys directed to the account from

((RCW 46.16.606)) section 821 of this act must be deposited into

the account. Moneys in the account may be spent only after

appropriation. Expenditures from the account may be used only for

the support of the wildlife rehabilitation program created under

RCW 77.12.467.



(1) The derelict vessel removal account is created in the state

treasury. All receipts from RCW 79.100.050 and 79.100.060 and

those moneys specified in ((RCW 88.02.030 and 88.02.050))

section 1028 of this act must be deposited into the account. The

account is authorized to receive fund transfers and appropriations

from the general fund, deposits from the derelict vessel removal

surcharge under ((RCW 88.02.270)) section 1028(4) of this act, as

well as gifts, grants, and endowments from public or private sources

as may be made from time to time, in trust or otherwise, for the use

and benefit of the purposes of this chapter and expend the same or

any income according to the terms of the gifts, grants, or

endowments provided those terms do not conflict with any

provisions of this section or any guidelines developed to prioritize

reimbursement of removal projects associated with this chapter.

Moneys in the account may only be spent after appropriation.

Expenditures from the account ((shall)) must be used by the

department to reimburse authorized public entities for up to ninety

percent of the total reasonable and auditable administrative,

removal, disposal, and environmental damage costs of abandoned or

derelict vessels when the previous owner is either unknown after a

reasonable search effort or insolvent. Reimbursement ((shall)) may

not be made unless the department determines that the public entity

has made reasonable efforts to identify and locate the party

responsible for the vessel, regardless of the title of owner of the

vessel. Funds in the account resulting from transfers from the

general fund or from the deposit of funds from the watercraft excise

tax as provided for under RCW 82.49.030 ((shall)) must be used to

reimburse one hundred percent of these costs and should be

prioritized for the removal of large vessels. Costs associated with

removal and disposal of an abandoned or derelict vessel under the

authority granted in RCW 53.08.320 also qualify for reimbursement

from the derelict vessel removal account. In each biennium, up to

twenty percent of the expenditures from the account may be used for

administrative expenses of the department of licensing and

department of natural resources in implementing this chapter.

(2) If the balance of the account reaches one million dollars as of

March 1st of any year, exclusive of any transfer or appropriation of

funds into the account or funds deposited into the account collected

under ((RCW 88.02.270)) section 1028(5) of this act, the

department must notify the department of licensing and the

collection of any fees associated with this account must be

suspended for the following fiscal year.

(3) Priority for use of this account is for the removal of derelict

and abandoned vessels that are in danger of sinking, breaking up, or

blocking navigation channels, or that present environmental risks

such as leaking fuel or other hazardous substances. The

department must develop criteria, in the form of informal guidelines,

to prioritize removal projects associated with this chapter, but may

not consider whether the applicant is a state or local entity when

prioritizing. The guidelines must also include guidance to the

authorized public entities as to what removal activities and

associated costs are reasonable and eligible for reimbursement.

(4) The department must keep all authorized public entities

apprized of the balance of the derelict vessel removal account and

the funds available for reimbursement. The guidelines developed

by the department must also be made available to the other

authorized public entities. This subsection (4) must be satisfied by



utilizing the least costly method, including maintaining the

information on the department's internet web site, or any other

cost-effective method.

(5) An authorized public entity may contribute its ten percent of

costs that are not eligible for reimbursement by using in-kind

services, including the use of existing staff, equipment, and

volunteers.

(6) This chapter does not guarantee reimbursement for an

authorized public entity. Authorized public entities seeking

certainty in reimbursement prior to taking action under this chapter

may first notify the department of their proposed action and the

estimated total costs. Upon notification by an authorized public

entity, the department must make the authorized public entity aware

of the status of the fund and the likelihood of reimbursement being

available. The department may offer technical assistance and

assure reimbursement for up to two years following the removal

action if an assurance is appropriate given the balance of the fund

and the details of the proposed action.



The state parks education and enhancement account is created

in the custody of the state treasurer. All receipts from the sale of

Washington state parks and recreation commission special license

plates, after the deductions permitted by ((RCW 46.16.313(13)))

section 810 of this act, must be deposited into the account.

Expenditures from the account may only be used to provide public

educational opportunities and enhancement of Washington state

parks. Only the director or the director's designee may authorize

expenditures from the account. The account is subject to allotment

procedures under chapter 43.88 RCW, but an appropriation is not

required for expenditures.



(1)(a) The commission shall grant to any person who meets the

eligibility requirements specified in this section a senior citizen's

pass which shall: (i) Entitle such a person, and members of his or

her camping unit, to a fifty percent reduction in the campsite rental

fee prescribed by the commission; and (ii) entitle such a person to

free admission to any state park.

(b) The commission shall grant a senior citizen's pass to any

person who applies for the senior citizen's pass and who meets the

following requirements:

(i) The person is at least sixty-two years of age;

(ii) The person is a domiciliary of the state of Washington and

meets reasonable residency requirements prescribed by the

commission; and

(iii) The person and his or her spouse have a combined income

that would qualify the person for a property tax exemption pursuant

to RCW 84.36.381. The financial eligibility requirements of this

subsection (1)(b)(iii) apply regardless of whether the applicant for a

senior citizen's pass owns taxable property or has obtained or

applied for such property tax exemption.

(c) Each senior citizen's pass granted pursuant to this section is

valid as long as the senior citizen meets the requirements of (b)(ii) of

this subsection. A senior citizen meeting the eligibility

requirements of this section may make a voluntary donation for the

upkeep and maintenance of state parks.

(d) A holder of a senior citizen's pass shall surrender the pass

upon request of a commission employee when the employee has

reason to believe the holder fails to meet the criteria in (b) of this

subsection. The holder shall have the pass returned upon providing

proof to the satisfaction of the director that the holder meets the

eligibility criteria for obtaining the senior citizen's pass.

(2)(a) Any resident of Washington who is disabled as defined

by the social security administration and who receives social

security benefits for that disability, or any other benefits for that

disability from any other governmental or nongovernmental source,

or who is entitled to benefits for permanent disability under RCW

71A.10.020(3) due to unemployability full time at the minimum

wage, or who is legally blind or profoundly deaf, or who has been

issued a card, decal, or special license plate for a permanent

disability under RCW 46.16.381 shall be entitled to receive,

regardless of age and upon making application therefor, a disability

pass at no cost to the holder. The pass shall: (i) Entitle such a

person, and members of his or her camping unit, to a fifty percent

reduction in the campsite rental fee prescribed by the commission;

and (ii) entitle such a person to free admission to any state park.

(b) A card, decal, or special license plate issued for a permanent

disability under ((RCW 46.16.381)) section 701 of this act may

serve as a pass for the holder to entitle that person and members of

the person's camping unit to a fifty percent reduction in the campsite

rental fee prescribed by the commission, and to allow the holder free

admission to state parks.

(3) Any resident of Washington who is a veteran and has a

service- connected disability of at least thirty percent shall be

entitled to receive a lifetime veteran's disability pass at no cost to the

holder. The pass shall: (a) Entitle such a person, and members of

his or her camping unit, to free use of any campsite within any state

park; (b) entitle such a person to free admission to any state park;

and (c) entitle such a person to an exemption from any reservation

fees.

(4)(a) Any Washington state resident who provides

out-of-home care to a child, as either a licensed foster-family home

or a person related to the child, is entitled to a foster home pass.

(b) An applicant for a foster home pass must request a pass in

the manner required by the commission. Upon receipt of a

properly submitted request, the commission shall verify with the

department of social and health services that the applicant qualifies

under (a) of this subsection. Once issued, a foster home pass is

valid for the period, which may not be less than one year, designated

by the commission.

(c) When accompanied by a child receiving out-of-home care

from the pass holder, a foster home pass: (i) Entitles such a person,

and members of his or her camping unit, to free use of any campsite

within any state park; and (ii) entitles such a person to free

admission to any state park.

(d) For the purposes of this subsection (4):

(i) "Out-of-home care" means placement in a foster-family

home or with a person related to the child under the authority of

chapter 13.32A, 13.34, or 74.13 RCW;

(ii) "Foster-family home" has the same meaning as defined in

RCW 74.15.020; and

(iii) "Person related to the child" means those persons referred to

in RCW 74.15.020(2)(a) (i) through (vi).

(5) All passes issued pursuant to this section are valid at all

parks any time during the year. However, the pass is not valid for

admission to concessionaire operated facilities.

(6) The commission shall negotiate payment and costs, to allow

holders of a foster home pass free access and usage of park

campsites, with the following nonoperated, nonstate-owned parks:

Central Ferry, Chief Timothy, Crow Butte, and Lyons Ferry. The

commission shall seek state general fund reimbursement on a

biennial basis.

(7) The commission may deny or revoke any Washington state

park pass issued under this section for cause, including but not

limited to the following:

(a) Residency outside the state of Washington;

(b) Violation of laws or state park rules resulting in eviction

from a state park;


(c) Intimidating, obstructing, or assaulting a park employee or

park volunteer who is engaged in the performance of official duties;

(d) Fraudulent use of a pass;

(e) Providing false information or documentation in the

application for a state parks pass;

(f) Refusing to display or show the pass to park employees

when requested; or

(g) Failing to provide current eligibility information upon

request by the agency or when eligibility ceases or changes.

(8) This section shall not affect or otherwise impair the power of

the commission to continue or discontinue any other programs it has

adopted for senior citizens.

(9) The commission may engage in a mutually agreed upon

reciprocal or discounted program for all or specific pass programs

with other outdoor recreation agencies.

(10) The commission shall adopt those rules as it finds

appropriate for the administration of this section. Among other

things, the rules shall prescribe a definition of "camping unit" which

will authorize a reasonable number of persons traveling with the

person having a pass to stay at the campsite rented by such a person,

a minimum Washington residency requirement for applicants for a

senior citizen's pass, and an application form to be completed by

applicants for a senior citizen's pass.



The state parks renewal and stewardship account is created in

the state treasury. Except as otherwise provided in this chapter, all

receipts from user fees, concessions, leases, donations collected

under RCW 46.16.076(3) (as recodified by this act), and other state

park- based activities shall be deposited into the account.

Expenditures from the account may be used for operating state

parks, developing and renovating park facilities, undertaking

deferred maintenance, enhancing park stewardship, and other state

park purposes. Expenditures from the account may be made only

after appropriation by the legislature.



(1) The tax levied by RCW 82.08.020 does not apply to sales of

motor vehicles, trailers, or campers to nonresidents of this state for

use outside of this state, even when delivery is made within this

state, but only if:

(a) The motor vehicles, trailers, or campers will be taken from

the point of delivery in this state directly to a point outside this state

under the authority of a vehicle trip permit issued by the department

of licensing pursuant to ((the provisions of)) RCW 46.16.160 (as

recodified by this act), or any agency of another state that has

authority to issue similar permits; or

(b) The motor vehicles, trailers, or campers will be registered

and licensed immediately under the laws of the state of the buyer's

residence, will not be used in this state more than three months, and

will not be required to be registered and licensed under the laws of

this state.

(2) For the purposes of this section, the seller of a motor vehicle,

trailer, or camper is not required to collect and shall not be found

liable for the tax levied by RCW 82.08.020 on the sale if the tax is

not collected and the seller retains the following documents, which

must be made available upon request of the department:

(a) A copy of the buyer's currently valid out-of-state driver's

license or other official picture identification issued by a jurisdiction

other than Washington state;

(b) A copy of any one of the following documents, on which

there is an out-of-state address for the buyer:

(i) A current residential rental agreement;

(ii) A property tax statement from the current or previous year;

(iii) A utility bill, dated within the previous two months;

(iv) A state income tax return from the previous year;

(v) A voter registration card;

(vi) A current credit report; or

(vii) Any other document determined by the department to be

acceptable;

(c) A witnessed declaration in the form designated by the

department, signed by the buyer, and stating that the buyer's

purchase meets the requirements of this section; and

(d) A seller's certification, in the form designated by the

department, that either a vehicle trip permit was issued or the vehicle

was immediately registered and licensed in another state as required

under subsection (1) of this section.

(3) If the department has information indicating the buyer is a

Washington resident, or if the addresses for the buyer shown on the

documentation provided under subsection (2) of this section are not

the same, the department may contact the buyer to verify the buyer's

eligibility for the exemption provided under this section. This

subsection does not prevent the department from contacting a buyer

as a result of information obtained from a source other than the

seller's records.

(4)(a) Any person making fraudulent statements, which

includes the offer of fraudulent identification or fraudulently

procured identification to a seller, in order to purchase a motor

vehicle, trailer, or camper without paying retail sales tax is guilty of

perjury under chapter 9A.72 RCW.

(b) Any person making tax exempt purchases under this section

by displaying proof of identification not his or her own, or

counterfeit identification, with intent to violate the provisions of this

section, is guilty of a misdemeanor and, in addition, is liable for the

tax and subject to a penalty equal to the greater of one hundred

dollars or the tax due on such purchases.

(5)(a) Any seller that makes sales without collecting the tax to a

person who does not provide the documents required under

subsection (2) of this section, and any seller who fails to retain the

documents required under subsection (2) of this section for the

period prescribed by RCW 82.32.070, is personally liable for the

amount of tax due.

(b) Any seller that makes sales without collecting the retail sales

tax under this section and who has actual knowledge that the buyer's

documentation required by subsection (2) of this section is

fraudulent is guilty of a misdemeanor and, in addition, is liable for

the tax and subject to a penalty equal to the greater of one thousand

dollars or the tax due on such sales. In addition, both the buyer and

the seller are liable for any penalties and interest assessable under

chapter 82.32 RCW.

(6) For purposes of this section, ((the term)) "buyer" does not

include cosigners or financial guarantors, unless those parties are

listed as a registered owner on the vehicle title.



For the purposes of this chapter, unless (([the])) the context

otherwise requires:


(2) "Motor vehicle" means all motor vehicles, trailers and

semitrailers used, or of the type designed primarily to be used, upon

the public streets and highways, for the convenience or pleasure of

the owner, or for the conveyance, for hire or otherwise, of persons or

property, including fixed loads and facilities for human habitation;

but shall not include (a) vehicles carrying exempt licenses, (b) dock

and warehouse tractors and their cars or trailers, lumber carriers of

the type known as spiders, and all other automotive equipment not

designed primarily for use upon public streets, or highways, (c)

motor vehicles or their trailers used entirely upon private property,

(d) mobile homes and travel trailers as defined in RCW 82.50.010,

or (e) motor vehicles owned by nonresident military personnel of

the armed forces of the United States stationed in the state of



Washington provided personnel were also nonresident at the time of

their entry into military service.

(3) "Truck-type power or trailing unit" means any vehicle that is

subject to the fees under ((RCW 46.16.070)) section 530 of this act,

except vehicles with an unladen weight of six thousand pounds or

less, ((RCW 46.16.079, 46.16.080, 46.16.085)) section 528 of this

act, section 531(1)(c) of this act, or RCW 46.16.090 (as recodified

by this act).

Sec. 1167. RCW 84.37.070 and 2007 sp.s. c 2 s 7 are each


Whenever a person's special assessment or real property tax

obligation, or both, is deferred under ((the provisions of)) this

chapter, the amount deferred and required to be paid pursuant to

RCW 84.38.120 shall become a lien in favor of the state upon his or

her property and shall have priority as provided in chapters 35.50

and 84.60 RCW: PROVIDED, That the interest of a mortgage or

purchase contract holder who requires an accumulation of reserves

out of which real estate taxes are paid shall have priority to said

deferred lien. This lien may accumulate up to forty percent of the

amount of the claimant's equity value in said property and the rate of

interest shall be an average of the federal short-term rate as defined

in 26 U.S.C. Sec. 1274(d) plus two percentage points. The rate set

for each new year shall be computed by taking an arithmetical

average to the nearest percentage point of the federal short-term rate,

compounded annually. That average shall be calculated using the

rates from four months: January, April, and July of the calendar

year immediately preceding the new year, and October of the

previous preceding year. The interest shall be calculated from the

time it could have been paid before delinquency until said obligation

is paid. In the case of a mobile home, the department of licensing

shall show the state's lien on the certificate of ((ownership)) title for

the mobile home. In the case of all other property, the department

of revenue shall file a notice of the deferral with the county recorder

or auditor.



Whenever a person's special assessment and/or real property tax

obligation is deferred under the provisions of this chapter, the

amount deferred and required to be paid pursuant to RCW

84.38.120 shall become a lien in favor of the state upon his or her

property and shall have priority as provided in chapters 35.50 and

84.60 RCW: PROVIDED, That the interest of a mortgage or

purchase contract holder who is required to cosign a declaration of

deferral under RCW 84.38.090, shall have priority to said deferred

lien. This lien may accumulate up to eighty percent of the amount

of the claimant's equity value in said property and shall bear interest

at the rate of five percent per year from the time it could have been

paid before delinquency until said obligation is paid: PROVIDED,

That when taxes are deferred as provided in RCW 84.64.050, the

amount shall bear interest at the rate of five percent per year from

the date the declaration is filed until the obligation is paid. In the

case of a mobile home, the department of licensing shall show the

state's lien on the certificate of ((ownership)) title for the mobile

home. In the case of all other property, the department of revenue

shall file a notice of the deferral with the county recorder or auditor.



(1) RCW 46.04.144 (Cooper Jones Act license plate emblems)

and 2002 c 264 s 2;

(2) RCW 46.32.090 (Fees) and 2009 c 46 s 3, 2007 c 419 s 11,

1996 c 86 s 1, & 1995 c 272 s 2;

(3) RCW 46.88.010 (Commercial vehicles registered in another

state--Permits for intrastate operations) and 1986 c 18 s 25, 1979 c

158 s 202, & 1969 ex.s. c 281 s 32;

(4) RCW 59.21.055 (Fee imposed on transfer of title--

Circumstances--Deposit--Rules) and 2002 c 257 s 3;

(5) RCW 59.22.080 (Transfer of title--Fee--Department of

licensing--Rules) and 1991 c 327 s 1;

(6) RCW 59.22.085 (Transfer of title--Fee supersedes other fee)

and 1991 c 327 s 7;

(7) RCW 64.44.045 (Vehicle and vessel titles--Notice of

contamination or decontamination--Penalty) and 2008 c 201 s 2; and

(8) RCW 73.04.110 (Free license plates for veterans with

disabilities, prisoners of war--Penalty) and 2008 c 183 s 4 & 2005 c

216 s 6.

PART XII. MISCELLANEOUS II

NEW SECTION. Sec. 1201. The senate and house of

representatives transportation committees, in consultation with the

office of the code reviser, shall prepare legislation for the 2011

regular legislative session that reconciles and conforms

amendments made during the 2010 legislative session in this act.

NEW SECTION. Sec. 1202. RCW 46.09.010, 46.09.020,

46.09.080, 46.09.140, 46.09.180, 46.09.200, 46.09.250, and

46.09.280 are each recodified as sections in chapter 46.09 RCW

with the subchapter heading of "general provisions."


46.09.050, and 46.09.070 are each recodified as sections in chapter

46.09 RCW with the subchapter heading of "registrations."


46.09.120, 46.09.130 and 46.09.190 are each recodified as sections

in chapter 46.09 RCW with the subchapter heading of "violations."



46.09 RCW with the subchapter heading of "revenue."


46.10.140, 46.10.180, 46.10.185, 46.10.200, 46.10.210, and


with the subchapter heading of "general provisions."


46.10.043, 46.10.050, 46.10.060, and 46.10.070 are each recodified

as sections in chapter 46.10 RCW with the subchapter heading of

"registration and permits."


46.10.100, 46.10.110, 46.10.120, 46.10.130, and 46.10.190 are each

recodified as sections in chapter 46.10 RCW with the subchapter

heading of "violations and uses."


and 46.10.170 are each recodified as sections in chapter 46.10 RCW

with the subchapter heading of "revenue."


46.12.047, 46.12.050, 46.12.070, 46.12.080, 46.12.160, 46.12.181,



"general provisions."


46.12.103, 46.12.124, 46.12.130, 46.12.151, and 46.12.170 are each

recodified as sections in chapter 46.12 RCW with the subchapter

heading of "vehicle sales, transfers, and security interests."


46.12.420, 46.12.430, and 46.12.440 are each recodified as sections

in chapter 46.12 RCW with the subchapter heading of "specific

vehicles."




"serial numbers."


NEW SECTION. Sec. 1214. RCW 46.12.210 and


with the subchapter heading of "violations."


46.16.010, 46.16.015, 46.16.020, 46.16.022, 46.16.028, 46.16.029,

46.16.030, 46.16.040, 46.16.073, 46.16.076, 46.16.210, 46.16.212,

46.16.216, 46.16.225, 46.16.260, 46.16.265, 46.16.276, 46.16.280,

46.16.295, 46.16.327, and 46.16.332 are each recodified as sections

in chapter 46.16 RCW with the subchapter heading of "general

provisions."




"permits and uses."




"specific vehicles."




"liability and violations."

NEW SECTION. Sec. 1219. Sections 501 through 507 of

this act are each added to chapter 46.17 RCW and codified with the

subchapter heading of "filing and service fees."



subchapter heading of "certificate of title fees."



subchapter heading of "license plate fees."



subchapter heading of "vehicle license fees."



subchapter heading of "permit and transfer fees."

NEW SECTION. Sec. 1224. Sections 611 through 613 and

616 through 630 of this act constitute a new chapter in Title 46

RCW and are codified under the subchapter heading "plate types,

decals, and emblems."


46.16.335, and 46.16.390 are each recodified as sections in the new

chapter created under section 1224 of this act with the subchapter

heading of "general provisions."


46.16.715, and 46.16.725 are each recodified as sections in the new

chapter created under section 1224 of this act with the subchapter

heading of "review board."



as sections in the new chapter created under section 1224 of this act

with the subchapter heading of "requirements and procedures."


and 46.16.324 are each recodified as sections in the new chapter

created under section 1224 of this act with the subchapter heading of

"plate types, decals, and emblems."


this act constitute a new chapter in Title 46 RCW.


and 46.16.685 are each recodified as sections in chapter 46.68

RCW.




"general provisions."



88.02 RCW with the subchapter heading of "certificates of title."




"registration certificates."


and 88.02.053 are each recodified as sections in chapter 88.02 RCW

with the subchapter heading of "title/registration fees and

distribution."


88.02.078, 88.02.112, 88.02.115, 88.02.125, 88.02.184, 88.02.188,



"dealer registration."

NEW SECTION. Sec. 1236. RCW 46.16.125 is recodified

as a section in chapter 81.24 RCW.

NEW SECTION. Sec. 1237. RCW 46.16.450 is decodified.

NEW SECTION. Sec. 1238. Except for section 1020 of this

act, this act takes effect July 1, 2011.

NEW SECTION. Sec. 1239. Section 1020 of this act takes

effect June 30, 2012.

NEW SECTION. Sec. 1240. Section 1019 of this act expires

June 30, 2012."

Correct the title.



MOTION

Senator Haugen moved that the Senate concur in the House

amendment(s) to Senate Bill No. 6379.

Senators Haugen and Swecker spoke in favor of passage of

the motion.


the motion by Senator Haugen that the Senate concur in the

House amendment(s) to Senate Bill No. 6379.


concurred in the House amendment(s) to Senate Bill No. 6379 by

voice vote.


the final passage of Senate Bill No. 6379, as amended by the

House.

ROLL CALL The Secretary called the roll on the final passage of Senate

Bill No. 6379, as amended by the House, and the bill passed the

Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0;

Excused, 1.

Voting yea: Senators Becker, Benton, Berkey, Brandland,

Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Gordon,

Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist,

Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King,

Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton,

Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker,

Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens,

Swecker, Tom and Zarelli


SENATE BILL NO. 6379, as amended by the House, having

received the constitutional majority, was declared passed. There

being no objection, the title of the bill was ordered to stand as the

title of the act.




March 2, 2010

MR. PRESIDENT:


with the following amendment(s): 6208-S AMH TR H5429.1

6208-S AMH TR H5429.1,


following:

"Sec. 1. RCW 47.42.020 and 2005 c 398 s 2 are each


The definitions set forth in this section apply throughout this

chapter.

(1) "Department" means the Washington state department of

transportation.

(2) "Erect" means to construct, build, raise, assemble, place,

affix, attach, create, paint, draw, or in any other way bring into being

or establish.

(3) "Interstate system" means any state highway which is or

does become part of the national system of interstate and defense

highways as described in section 103(d) of title 23, United States

Code.

(4) "Maintain" means to allow to exist.

(5) "Person" means this state or any public or private

corporation, firm, partnership, association, as well as any individual

or individuals.

(6) "Primary system" means any state highway which is or does

become part of the federal-aid primary system as described in

section 103(b) of title 23, United States Code.

(7) "Scenic system" means (a) any state highway within any

public park, federal forest area, public beach, public recreation area,

or national monument, (b) any state highway or portion thereof

outside the boundaries of any incorporated city or town designated

by the legislature as a part of the scenic system, or (c) any state

highway or portion thereof outside the boundaries of any

incorporated city or town designated by the legislature as a part of

the scenic and recreational highway system except for the sections

of highways specifically excluded in RCW 47.42.025 or located

within areas zoned by the governing county for predominantly

commercial and industrial uses, and having development visible to

the highway, as determined by the department.

(8) "Sign" means any outdoor sign, display, device, figure,

painting, drawing, message, placard, poster, billboard, or other thing

that is designed, intended, or used to advertise or inform, any part of

the advertising or informative contents of which is visible from any

place on the main-traveled way of the interstate system or other state

highway. "Sign" does not include a display authorized under RCW

47.36.030(3) promoting a local agency sponsored event that does

not include advertising.

(9) "Commercial and industrial areas" means any area zoned

commercial or industrial by a county or municipal code, or if

unzoned or zoned for general uses by a county or municipal code,

that area occupied by three or more separate and distinct commercial

or industrial activities, or any combination thereof, within a space of

five hundred feet and the area within five hundred feet of such

activities on both sides of the highway. The area shall be measured

from the outer edges of the regularly used buildings, parking lots, or

storage or processing areas of the commercial or industrial activity

and not from the property lines of the parcels upon which the

activities are located. Measurements shall be along or parallel to

the edge of the main traveled way of the highway. The following

shall not be considered commercial or industrial activities:

(a) Agricultural, forestry, grazing, farming, and related

activities, including, but not limited to, wayside fresh produce

stands;

(b) Transient or temporary activities;

(c) Railroad tracks and minor sidings;

(d) Signs;

(e) Activities more than six hundred and sixty feet from the

nearest edge of the right-of-way;

(f) Activities conducted in a building principally used as a

residence.

If any commercial or industrial activity that has been used in

defining or delineating an unzoned area ceases to operate for a

period of six continuous months, any signs located within the former

unzoned area become nonconforming and shall not be maintained

by any person.

(10) "Roadside area information panel or display" means a

panel or display located so as not to be readable from the main

traveled way, erected in a safety rest area, scenic overlook, or

similar roadside area, for providing motorists with information in

the specific interest of the traveling public.

(11) "Temporary agricultural directional sign" means a sign on

private property adjacent to a state highway right-of-way, or on a

state highway right-of-way, to provide directional information to

places of business offering for sale seasonal agricultural products on

the property where the sale is taking place.


to read as follows:

Notwithstanding any other provisions of this chapter, no sign

except a sign of type 1 or 2 or those type 3 signs that advertise

activities conducted upon the properties where the signs are located,

may be erected or maintained without a permit issued by the

department. Application for a permit shall be made to the

department on forms furnished by it. The forms shall contain a

statement that the owner or lessee of the land in question has

consented thereto. For type 8 signs (temporary agricultural

directional signs), when the land in question is owned by the

department, the consent statement must be reviewed and, if the sign

does not create a safety concern, be approved within ten days of

application by the department. The application shall be

accompanied by a fee established by department rule to be deposited

with the state treasurer to the credit of the motor vehicle fund.

Permits shall be for the remainder of the calendar year in which they

are issued, and accompanying fees shall not be prorated for fractions

of the year. Permits must be renewed annually through a

certification process established by department rule. Advertising

copy may be changed at any time without the payment of an

additional fee. Assignment of permits in good standing is effective

only upon receipt of written notice of assignment by the department.

A permit may be revoked after hearing if the department finds that

any statement made in the application or annual certification process

was false or misleading, or that the sign covered is not in good

general condition and in a reasonable state of repair, or is otherwise

in violation of this chapter, if the false or misleading information has

not been corrected and the sign has not been brought into

compliance with this chapter or rules adopted under it within thirty

days after written notification."

Correct the title.



MOTION

Senator Haugen moved that the Senate concur in the House

amendment(s) to Substitute Senate Bill No. 6208.

Senator Haugen spoke in favor of the motion.



the motion by Senator Haugen that the Senate concur in the



concurred in the House amendment(s) to Substitute Senate Bill

No. 6208 by voice vote.


the final passage of Substitute Senate Bill No. 6208, as amended

by the House.

ROLL CALL The Secretary called the roll on the final passage of Substitute

Senate Bill No. 6208, as amended by the House, and the bill

passed the Senate by the following vote: Yeas, 48; Nays, 0;

Absent, 0; Excused, 1.

Voting yea: Senators Becker, Benton, Berkey, Brandland,

Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Gordon,

Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist,

Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King,

Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton,

Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker,

Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens,

Swecker, Tom and Zarelli


SUBSTITUTE SENATE BILL NO. 6208, as amended by the

House, having received the constitutional majority, was declared

passed. There being no objection, the title of the bill was

ordered to stand as the title of the act.

MOTION

On motion of Senator Eide, the Senate advanced to the sixth

order of business.

SECOND READING

SENATE BILL NO. 6143, by Senator Prentice

Relating to revenue and taxation. Revised for 1st Substitute:

Modifying excise tax laws to preserve funding for public schools,

colleges, and universities, as well as other public systems

essential for the safety, health, and security of all

Washingtonians.

MOTION

Senator Prentice moved that Substitute Senate Bill No. 6143

be substituted for Senate Bill No. 6143 and the substitute bill be

placed on the second reading and read the second time.

POINT OF ORDER

Senator Benton: “Thank you Mr. President. Senate Rule 25

requires that no bill contain more than one subject. I believe that

this bill is not properly before the Senate as it appears to have

more than one subject and should not be placed on the second

reading calendar. I offer the following arguments for your

consideration. Senate Rule 25 is based on Article II, Section 19 of

the Washington State Constitution. It has been interpreted on a

number of occasions by our State Supreme Court. This provision

is placed in the Constitution and appears in Senate Rule 25 to

prevent a practice known as „log rolling.‟ Defined in Webster‟s

Dictionary „log rolling‟ is the exchanging of a assistance or favors

specifically the training of votes by legislation to secure…”

REPLY BY THE PRESIDENT

President Owen: “Senator Benton, you may give a brief

explanation, not the history. Just a brief explanation to your point

please.”

POINT OF ORDER

Senator Benton: “Our Supreme Court has repeatedly stated

Mr. President, that one of the purposes of Article II, Section 19 is

to prevent the combining of different bills or policies but could

not pass on their own. This bill contains twenty-one different

taxes and I don‟t believe that each of these could stand on its own.

For these reasons, I believe the bill is improperly before us under

Rule 25 of the Rules of the Senate and ask that you rule thereon.”

Senator Eide spoke against the point of order.

RULING BY THE PRESIDENT

President Owen: “In ruling on the point of order raised by

Senator Benton, Rule 25 essentially requires that the subject

matter of the bill be reflected in the title of the bill. This title refers

to the modification of excise tax laws, and each of the different

matters contained in the bill fits within the broad title. The title

properly reflects the contents of the bill.

For these reasons, Sen. Benton‟s Point is not well taken.”


the motion by Senator Prentice that Substitute Senate Bill No.

6143 be substituted for Senate Bill No. 6143 and the substitute

bill be placed on the second reading calendar.

The motion by Senator Prentice carried and the substitute bill

was substituted.

MOTION

Senator Schoesler moved that the following amendment by

Senator Schoesler be adopted:

On page 12, line 27, after "(3)," strike "(4), (5), (6), (7), (8), (9), and

(12)" and insert "(5), (6), (7), (8), (9), (10), and (13)"

On page 12, line 34, after "82.04.260" strike "(13)" and insert

"(14)"

On page 12, line 37, after "82.04.260" strike "(13)" and insert

"(14)"

Beginning on page 31, after line 33, strike all of Part IV

Renumber the remaining parts and sections consecutively and

correct any internal references accordingly.

On page 112, line 5, strike "406,"

On page 112, after line 9, strike all of sections 2210 and 2211

Renumber the remaining sections consecutively.

On page 1, beginning on line 6 of the title, after "82.04.423,"

strike all material through "48.14.080," on line 8

On page 1, line 14 of the title, after "82.45.010," strike all

material through "82.04.440,"

Senator Schoesler spoke in favor of adoption of the

amendment.

Senator Tom spoke against adoption of the amendment.


the adoption of the amendment by Senator Schoesler on page 12,

line 27 to Substitute Senate Bill No. 6143.

The motion by Senator Schoesler failed and the amendment

was not adopted by voice vote.



MOTION

Senator Regala moved that the following amendment by

Senators Regala and Zarelli be adopted:

On page 14, line 31, beginning with "as existing" strike

everything through page 14, line 33, "section." And insert " and

includes eligible assets as defined by Rule 3Aa-7 of the

Investment Company Act, as the law and rule existing on the

effective date of this section or such subsequent date as may be

provided by the department by rule, consistent with the purposes

of this section."

Renumber the sections consecutively and correct any internal

references accordingly.

Senators Regala and Zarelli spoke in favor of adoption of the

amendment.


the adoption of the amendment by Senators Regala and Zarelli on

page 14, line 31 to Substitute Senate Bill No. 6143.

The motion by Senator Regala carried and the amendment


MOTION

Senator Benton moved that the following amendment by

Senator Benton be adopted:

On page 15, beginning on line 1, strike everything through page 20

line 3 and insert the following:

"NEW SECTION. Sec. 201. A new section is added to chapter


(1) Unless otherwise specifically provided in statute, the

department must respect the form of a transaction.

(2) The following transactions are considered to be “specified

tax avoidance transactions:”

(a) Joint venture arrangements between construction contractors

and the owner/developer of construction projects that are in essence

guaranteed payments for the purchase of construction services

specifically characterized by a failure of the joint venture

agreements to provide for the contractor to share substantial profits

and bear significant risk in the venture;

(b) A transaction, related series of transactions or other

arrangement without a valid business purpose that result in a person

avoiding tax on the receipt of income that would otherwise without

such planning be subject to taxation in Washington provided that

such income derives from a transaction with a person that is not

affiliated with the taxpayer; and

(c) For purposes of this subsection, “affiliated” means under

common control. “Control” means the possession, directly or

indirectly, of more than fifty percent of the power to direct or cause

the direction of the management and policies of a person, whether

through the ownership of voting shares, by contract, or otherwise.

(3) Solely for purposes of denying the tax benefit that would

otherwise result on specified tax avoidance transactions, the

department may take any reasonable steps necessary to deny the tax

benefit that would otherwise arise as a result of the specified tax

avoidance transaction.

(3) The department must by rule provide guidance on specified

tax transactions. The adoption of a rule as required under this

subsection is not a condition precedent for the department to use the

authority provided in this section to correct specified tax avoidance

transactions. The rule adopted under this section must include

examples of specified tax avoidance transactions.


82. RCW to read as follows:

(1)(a) The department may not use section 201 of this act to

disregard any transaction, plan, or arrangement initiated before

April 1, 2010.


to read as follows:

(1) If payment of any tax due on a return to be filed by a

taxpayer is not received by the department of revenue by the due

date, there ((shall be)) is assessed a penalty of five percent of the

amount of the tax; and if the tax is not received on or before the last

day of the month following the due date, there ((shall be)) is

assessed a total penalty of fifteen percent of the amount of the tax

under this subsection; and if the tax is not received on or before the

last day of the second month following the due date, there ((shall

be)) is assessed a total penalty of twenty-five percent of the amount

of the tax under this subsection. No penalty so added shall be less

than five dollars.

(2) If the department of revenue determines that any tax has been

substantially underpaid, there ((shall be)) is assessed a penalty of

five percent of the amount of the tax determined by the department

to be due. If payment of any tax determined by the department to be

due is not received by the department by the due date specified in the

notice, or any extension thereof, there ((shall be)) is assessed a total

penalty of fifteen percent of the amount of the tax under this

subsection; and if payment of any tax determined by the department

to be due is not received on or before the thirtieth day following the

due date specified in the notice of tax due, or any extension thereof,

there ((shall be)) is assessed a total penalty of twenty-five percent of

the amount of the tax under this subsection. No penalty so added

((shall)) may be less than five dollars. As used in this section,

"substantially underpaid" means that the taxpayer has paid less than

eighty percent of the amount of tax determined by the department to

be due for all of the types of taxes included in, and for the entire

period of time covered by, the department's examination, and the

amount of underpayment is at least one thousand dollars.

(3) If a warrant ((be)) is issued by the department ((of revenue))

for the collection of taxes, increases, and penalties, there ((shall be))

is added thereto a penalty of ten percent of the amount of the tax, but

not less than ten dollars.

(4) If the department finds that a person has engaged in any

business or performed any act upon which a tax is imposed under

this title and that person has not obtained from the department a

registration certificate as required by RCW 82.32.030, the

department ((shall)) must impose a penalty of five percent of the

amount of tax due from that person for the period that the person

was not registered as required by RCW 82.32.030. The department

((shall)) may not impose the penalty under this subsection (4) if a

person who has engaged in business taxable under this title without

first having registered as required by RCW 82.32.030, prior to any

notification by the department of the need to register, obtains a

registration certificate from the department.

(5) If the department finds that all or any part of a deficiency

resulted from the disregard of specific written instructions as to

reporting or tax liabilities, the department ((shall)) must add a

penalty of ten percent of the amount of the additional tax found due

because of the failure to follow the instructions. A taxpayer

disregards specific written instructions when the department ((of

revenue)) has informed the taxpayer in writing of the taxpayer's tax

obligations and the taxpayer fails to act in accordance with those

instructions unless the department has not issued final instructions

because the matter is under appeal pursuant to this chapter or

departmental regulations. The department ((shall)) may not assess

the penalty under this section upon any taxpayer who has made a

good faith effort to comply with the specific written instructions

provided by the department to that taxpayer. Specific written

instructions may be given as a part of a tax assessment, audit,


determination, or closing agreement, provided that such specific

written instructions ((shall)) apply only to the taxpayer addressed or

referenced on such documents. Any specific written instructions by

the department ((of revenue shall)) must be clearly identified as such

and ((shall)) must inform the taxpayer that failure to follow the

instructions may subject the taxpayer to the penalties imposed by

this subsection.

(6) If the department finds that all or any part of a deficiency

resulted from engaging in a specified tax avoidance transaction, as

described in section 201(2) of this act, the department must assess a

penalty of thirty-five percent of the additional tax found to be due as

a result of engaging in the specified tax avoidance transaction. The

penalty provided in this subsection may be assessed together with

any other applicable penalties provided in this section on the same

tax found to be due, except for the evasion penalty provided in

subsection (7) of this section. The department may not assess the

penalty under this subsection if, before the department discovers the

taxpayer's use of the specified tax avoidance transaction, the

taxpayer discloses its participation in the transaction to the

department.

(7) If the department finds that all or any part of the deficiency

resulted from an intent to evade the tax payable ((hereunder)), a

further penalty of fifty percent of the additional tax found to be due

((shall)) must be added.

(((7))) (8) The penalties imposed under subsections (1) through

(4) of this section can each be imposed on the same tax found to be

due. This subsection does not prohibit or restrict the application of

other penalties authorized by law.

(((8))) (9) The department ((of revenue)) may not impose both

the evasion penalty and the penalty for disregarding specific written

instructions or the penalty provided in subsection (6) of this section

on the same tax found to be due.

(((9))) (10) For the purposes of this section, "return" means any

document a person is required by the state of Washington to file to

satisfy or establish a tax or fee obligation that is administered or

collected by the department ((of revenue)), and that has a statutorily

defined due date.

NEW SECTION. Sec. 204. (1) The legislature finds that this

state's tax policy with respect to the taxation of transactions between

affiliated entities and the income derived from such transactions

(intercompany transactions) has motivated some taxpayers to

engage in transactions designed solely or primarily to minimize the

tax effects of intercompany transactions. The legislature further

finds that some intercompany transactions result from taxpayers that

are required to establish affiliated entities to comply with regulatory

mandates and that transactions between such affiliates effectively

increases the tax burden in this state on the affiliated group of

entities. The legislature also finds that certain legal doctrines

available in other jurisdictions may be beneficial in administering

state excise taxes.

(2) Therefore, the department of revenue is directed to conduct a

review of the state's tax policy with respect to the taxation of

intercompany transactions. The review must include the impacts of

such transactions under the state's business and occupation tax and

state and local sales and use taxes. The department may include

other taxes in the review as it deems appropriate. The department

shall also study the necessity for and desirability of adopting certain

interpretive and judicial doctrines in administering excise taxes.

(3) In conducting the review, the department must examine how

this state's tax policy compares to the tax policy of other states with

respect to the taxation of intercompany transactions and the use of

certain interpretive doctrines. The department's review must include

an analysis of potential alternatives to the current policy of taxing

intercompany transactions, including their estimated revenue

impacts if practicable.

(4) In conducting this review, the department must seek input

from members of the business community and others as it deems

appropriate.

(5) The department must report its findings to the fiscal committees

of the house of representatives and senate by December 1, 2010.

However, if the department has not completed its review by

December 1, 2010, the department must provide the fiscal

committees of the legislature with a brief status report by December

1, 2010, and the final report by December 1, 2011."

On page 111, beginning on line 14, strike everything through

page 111, line 22.



Senators Benton, Delvin, Honeyford, Pflug, Carrell and

Roach spoke in favor of adoption of the amendment.

Senators Tom, Rockefeller and Murray spoke against

adoption of the amendment.

POINT OF ORDER

Senator Roach: “I object.”


President Owen: “I don‟t know what you‟re objecting too.”

POINT OF ORDER

Senator Roach: “Because there was not one mention of any

state employee and I‟m being criticized for criticizing employees.

I did not do that.”


President Owen: “Senator Roach. Senator Roach.

Continue (to previous speaker).”


the adoption of the amendment by Senator Benton on page 15,


The motion by Senator Benton failed and the amendment was

not adopted by voice vote.

MOTION

Senator Stevens moved that the following amendment by

Senator Stevens be adopted:

On page 31, line 3, after "(1)" strike "Prior to July 1, 2010, t" and

insert "T"

Senators Stevens and Pflug spoke in favor of adoption of the

amendment.

Senators Tom and Keiser spoke against adoption of the

amendment.


the adoption of the amendment by Senator Stevens on page 31,


The motion by Senator Stevens failed and the amendment


MOTION

Senator Benton moved that the following amendment by

Senator Benton be adopted:

Beginning on page 61, after line 13, strike all of Part VI





On page 111, after line 27, strike all of section 2207

Renumber the remaining sections consecutively and correct any

internal references accordingly.

On page 1, beginning on line 9 of the title, strike "82.45.010,

82.45.080,"

Senator Benton spoke in favor of adoption of the amendment.


POINT OF ORDER

Senator Benton: “Mr. President.”


President Owen: “Senator Benton, he did not insult you

or---as far as I can tell. I think we‟re being a little sensitive about

the remarks of people out here referencing as he did... Well, you

may have and you can correct that when you close debate. That

would be a better way of dealing with it I believe. Thank you,

Senator Tom.”

Senators Carrell, Pflug and Stevens spoke in favor of


Senator Schoesler demanded a roll call.

The President declared that one-sixth of the members

supported the demand and the demand was sustained


the adoption of the amendment by Senator Benton on page 61,

after line 13 to Substitute Senate Bill No. 6143.

ROLL CALL

The Secretary called the roll on the adoption of the

amendment by Senator Benton and the amendment was adopted

by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused,

1.

Voting yea: Senators Becker, Benton, Brandland, Carrell,

Delvin, Hewitt, Hobbs, Holmquist, Honeyford, Kauffman,

Kilmer, King, Marr, Morton, Parlette, Pflug, Roach, Schoesler,

Sheldon, Stevens, Swecker and Zarelli

Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin,

Fraser, Gordon, Hargrove, Hatfield, Haugen, Jacobsen, Kastama,

Keiser, Kline, Kohl-Welles, McAuliffe, McDermott, Murray,

Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin

and Tom


MOTION

On motion of Senator Eide, Rule 15 was suspended for the

remainder of the day for the purpose of allowing continued floor

action.

EDITOR‟S NOTE: Senate Rule 15 establishes the floor

schedule and calls for a lunch and dinner break of 90 minutes

each per day during regular daily sessions.

MOTION

Senator Hewitt moved that the following amendment by

Senator Hewitt be adopted:

On page 66, beginning on line 27, after "(3)" strike all material

through "liability" on line 32 and insert "Liability"

Senators Hewitt, Zarelli, Swecker, Carrell, Pflug, Schoesler,

Benton and Roach spoke in favor of adoption of the amendment.

Senators Tom, Eide and Murray spoke against adoption of the

amendment.

POINT OF ORDER

Senator Brown: “The Senator used the words „vindictive‟

and „predatory‟ and I‟m wondering to whom she is attributing the

vindictiveness and the predatory nature because it is the rules of

the Senate that members motives shall not be impugned. I believe

it is verging on insulting people‟s character to talk about

vindictiveness and predatory.”


President Owen: “Senator Roach, let her finish. Senator

Roach.”

POINT OF ORDER

Senator Brown: “Mr. President, I believe the rules of the

Senate indicate that we discuss policy. A piece of paper cannot be

predatory. An individual or an animal can be predatory so I would

just like to point out, once again, that the rules of decorum of the

Senate indicate that we speak to policy and the pros and cons of

policy. Not to motives or attributing character issues to

individuals who may be makers of bills or who may be voting for

bills.”


President Owen: “Senator Brown, you are correct. However

those remarks and, let the President remind you and others that

this seems to come from both sides. Alright. Now the remarks

accordingly to the rules as the President reads them must be

directed at a member or even if it‟s hidden directed at a member.

In a more general state, I‟m not convinced that the remarks were

directed at a specific member or a specific member‟s motives.

However, the President would once again remind members to be

very careful about your remarks and that they are relative to the

subject matter at hand and not pointed at any members.”

POINT OF ORDER

Senator Pflug: “Thank you Mr. President. You know, an

objection may not be used to, to impugn either.”

Senator Honeyford spoke in favor of adoption of the

amendment.


the adoption of the amendment by Senator Hewitt on page 66,


The motion by Senator Hewitt failed and the amendment was


WITHDRAWAL OF AMENDMENT

On motion of Senator Parlette, the amendment by Senator

Parlette on page 69, after line 17 to Substitute Senate Bill No.

6143 was withdrawn.

Senator Parlette spoke on the amendment.

MOTION


Senator Carrell moved that the following amendment by

Senator Carrell be adopted:

Beginning on page 82, after line 14, strike all of Part XIII



On page 1, line 10 of the title, after "82.14.230," strike

"82.16.110,

Senators Carrell, Schoesler and Honeyford spoke in favor of


Senator Rockefeller spoke against adoption of the

amendment.


the adoption of the amendment by Senator Carrell on page 82,


The motion by Senator Carrell failed and the amendment was


MOTION

Senator Regala moved that the following amendment by

Senators Regala and Zarelli be adopted:

On page 77, starting on line 1, strike all of sections 1201 and 1202.



On page 1, line 10 of the title, after "82.12.037,", strike

"82.12.010, 82.14.230,"

Senator Regala spoke in favor of adoption of the amendment.


the adoption of the amendment by Senators Regala and Zarelli on


The motion by Senator Regala carried and the amendment


MOTION



Beginning on page 84, line 1, strike all of part XIV.



On page 1, line 10 of the title, strike "82.08.890, 82.12.890"

Senators Carrell and Schoesler spoke in favor of adoption of the

amendment.







MOTION

Senator Brandland moved that the following amendment by

Senators Brandland, Fraser and Swecker be adopted:

0) On page 87, beginning on line 28, strike everything through

page, 88, line 4 and insert the following:




(a) "Air pollution control facilities" means any treatment

works, control devices and disposal systems, machinery,

equipment, structure, property, property improvements, and

accessories, that are installed or acquired for the primary purpose

of reducing, controlling, or disposing of industrial waste that, if

released to the outdoor atmosphere, could cause air pollution, or

that are required to meet regulatory requirements applicable to

their construction, installation, or operation; and

(b) "Generation facility" means a coal-fired thermal electric

generation facility placed in operation after December 3, 1969,

and before July 1, 1975.

(2) Beginning January 1, 1999, the tax levied by RCW

82.08.020 does not apply to sales of coal used to generate electric

power at a generation facility operated by a business if the

following conditions are met:

(a) The owners must make an application to the department of

revenue for a tax exemption;

(b) The owners must make a demonstration to the department

of ecology that the owners have made reasonable initial progress

to install air pollution control facilities to meet applicable

regulatory requirements established under state or federal law,

including the Washington clean air act, chapter 70.94 RCW;

(c) Continued progress must be made on the development of

air pollution control facilities to meet the requirements of the

permit; and

(d) The generation facility must emit no more than ten

thousand tons of sulfur dioxide during a previous consecutive


(e) Beginning July 1, 2010, the owners must make an annual

demonstration to the department of ecology that the owners are

acting in good faith to make reasonable progress to decrease the

use of coal or replace coal as a fuel for generating electricity in

accordance with Section 1(d) of Executive Order 09-05.

(f) By July 1, 2012, the owners must have installed and

operate controls specifically designed to reduce mercury

emissions. The owners must report mercury emissions data to the

department of ecology and the appropriate air pollution control

authority on at least a quarterly basis. The mercury emissions data

must be accessible to the public upon request.

(3) During a consecutive twelve-month period, if the

generation facility is found to be in violation of excessive sulfur

dioxide emissions from a regional air pollution control authority

or the department of ecology, the department of ecology shall

notify the department of revenue and the owners of the generation

facility shall lose their tax exemption under this section. The

owners of a generation facility may reapply for the tax exemption

when they have once again met the conditions of subsection

(2)(d) of this section.

(4) RCW 82.32.393 applies to this section.

(5) This section expires on January 1, 2025.




(a) "Air pollution control facilities" means any treatment

works, control devices and disposal systems, machinery,

equipment, structure, property, property improvements, and

accessories, that are installed or acquired for the primary purpose

of reducing, controlling, or disposing of industrial waste that, if

released to the outdoor atmosphere, could cause air pollution, or

that are required to meet regulatory requirements applicable to

their construction, installation, or operation; and

(b) "Generation facility" means a coal-fired thermal electric

generation facility placed in operation after December 3, 1969,

and before July 1, 1975.

(2) Beginning January 1, 1999, the provisions of this chapter

do not apply in respect to the use of coal to generate electric

power at a generation facility operated by a business if the

following conditions are met:

(a) The owners must make an application to the department of

revenue for a tax exemption;



(b) The owners must make a demonstration to the department

of ecology that the owners have made reasonable initial progress

to install air pollution control facilities to meet applicable

regulatory requirements established under state or federal law,

including the Washington clean air act, chapter 70.94 RCW;

(c) Continued progress must be made on the development of

air pollution control facilities to meet the requirements of the

permit; and

(d) The generation facility must emit no more than ten

thousand tons of sulfur dioxide during a previous consecutive


(e) Beginning July 1, 2010, the owners must make an annual

demonstration to the department of ecology that the owners are

acting in good faith to make reasonable progress to decrease the

use of coal or replace coal as a fuel for generating electricity in

accordance with Section 1(d) of Executive Order 09-05.

(f) By July 1, 2012, the owners must have installed and

operate controls specifically designed to reduce mercury

emissions. The owners must report mercury emissions data to the

department of ecology and the appropriate air pollution control

authority on at least a quarterly basis. The mercury emissions data

must be accessible to the public upon request.

(3) During a consecutive twelve-month period, if the

generation facility is found to be in violation of excessive sulfur

dioxide emissions from a regional air pollution control authority

or the department of ecology, the department of ecology shall

notify the department of revenue and the owners of the generation

facility shall lose their tax exemption under this section. The

owners of a generation facility may reapply for the tax exemption

when they have once again met the conditions of subsection

(2)(d) of this section.

(4) This section expires on January 1, 2025."

Renumber the sections consecutively and correctany internal


On page 1, line 13 of the title, after "67.28.181",insert

"82.08.811, 82.12.811"

Senators Brandland, Swecker, King, Sheldon and Benton,

spoke in favor of adoption of the amendment.

Senators Gordon, Franklin and Brown spoke against adoption

of the amendment.

REMARKS BY SENATOR HEWITT

Senator Hewitt: “Thank you Mr. President. Well, I would

ask all the members that we not direct comments to each other

and we keep the debate to the policy. I ask that to both sides of the

aisle today. Thank you Mr. President.” Senators Pflug, Schoesler, Zarelli, Carrell, Honeyford and

Stevens spoke in favor of adoption of the amendment.

Senators Rockefeller, Marr, Regala and McDermott spoke

against adoption of the amendment.



supported the demand and the demand was sustained.

POINT OF ORDER

Senator Schoesler: “Thank you Mr. President. You have

suggested earlier to the body that we contain our remarks. Only

recently the Minority Leader asked, not interrupting suggesting

that we keep our remarks in tone. Talking about McCarthyism I

think is taking this in a direction the President has asked us not to

go and I would ask the gentleman from the Thirty-Seventh

District to stay on the subject as you‟ve requested.”


President Owen: “Senator Schoesler, I have no idea where

he was going with that remark until he makes the remark. And I

think that would have been appropriate but you might take this as

a warning of where we might go, should you drift, Senator

Kline.” Senator Kline spoke against the adoption of the amendment.

PERSONAL PRIVILEGE

Senator Franklin: “Mr. President, I‟m getting a headache.

Could we continue and try to get this business over with?”

MOTION

On motion of Senator Hatfield, Senator Shin was excused.


the adoption of the amendment by Senators Brandland, Fraser

and Swecker on page 87, line 28 to Substitute Senate Bill No.

6143.

ROLL CALL


amendment by Senators Brandland, Fraser and Swecker and the

amendment was not adopted by the following vote: Yeas, 20;

Nays, 26; Absent, 1; Excused, 2.


Delvin, Fraser, Hewitt, Holmquist, Honeyford, King, Morton,

Parlette, Pflug, Pridemore, Roach, Schoesler, Sheldon, Stevens,

Swecker and Zarelli


Gordon, Hatfield, Haugen, Hobbs, Jacobsen, Kastama,

Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe,

McDermott, Murray, Oemig, Prentice, Ranker, Regala,

Rockefeller and Tom

Absent: Senator Hargrove

Excused: Senators McCaslin and Shin

MOTION

Senator Honeyford moved that the following amendment by

Senator Honeyford be adopted:

Beginning on page 88, after line 4, strike all of Part XVII




"82.08.962, 82.12.962,"

Senators Honeyford and Carrell spoke in favor of adoption of

the amendment.

Senator Rockefeller spoke against adoption of the

amendment.





the adoption of the amendment by Senator Honeyford on page 88,


ROLL CALL



amendment by Senator Honeyford and the amendment was not

adopted by the following vote: Yeas, 23; Nays, 24; Absent, 0;

Excused, 2.


Delvin, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Kilmer,

King, Morton, Parlette, Pflug, Pridemore, Ranker, Roach,

Schoesler, Sheldon, Stevens, Swecker and Zarelli


Fraser, Gordon, Hargrove, Haugen, Jacobsen, Kastama,

Kauffman, Keiser, Kline, Kohl-Welles, Marr, McAuliffe,

McDermott, Murray, Oemig, Prentice, Regala, Rockefeller and

Tom


MOTION

Senator Honeyford moved that the following amendment by

Senator Honeyford be adopted:

Beginning on page 93, after line 31, strike all of Part XVIII




material through "82.04.394" and insert "and 82.12.811"

Senator Honeyford spoke in favor of adoption of the

amendment.

Senators Tom and Marr spoke against adoption of the

amendment.





the adoption of the amendment by Senator Honeyford on page 93,


ROLL CALL


amendment by Senator Honeyford and the amendment was

adopted by the following vote: Yeas, 23; Nays, 24; Absent, 0;

Excused, 2.


Delvin, Gordon, Hewitt, Hobbs, Holmquist, Honeyford, Kilmer,

King, Marr, Morton, Parlette, Pflug, Roach, Rockefeller,

Schoesler, Sheldon, Stevens, Swecker and Zarelli


Fraser, Hargrove, Hatfield, Haugen, Jacobsen, Kastama,

Kauffman, Keiser, Kline, Kohl-Welles, McAuliffe, McDermott,

Murray, Oemig, Prentice, Pridemore, Ranker, Regala and Tom


MOTION

Senator Zarelli moved that the following amendment by

Senators Zarelli, Carrell and Schoesler be adopted:

0) On page 93, after line 36, insert the following:



(1) This chapter does not apply to amounts received by a

property management company from the owner of a property for

gross wages and benefits paid directly to or on behalf of on-site

personnel from property management trust accounts that are

required to be maintained under RCW ((18.85.310)) 18.85.285.

(2) As used in this section, "on-site personnel" means a person

who meets all of the following conditions: (a) The person works

primarily at the owner's property; (b) the person's duties include

leasing property units, maintaining the property, collecting rents, or

similar activities; and (c) under a written property management

agreement: (i) The person's compensation is the ultimate

obligation of the property owner and not the property manager; (ii)

the property manager is liable for payment only as agent of the

owner; and (iii) the property manager is the agent of the owner with

respect to the on-site personnel and that all actions, including, but

not limited to, hiring, firing, compensation, and conditions of

employment, taken by the property manager with respect to the

on-site personnel are subject to the approval of the property owner.

On page 112, line 5, after "406," insert "1802,"

On page 112, after line 18, insert the following:

"NEW SECTION. Sec. 2214. Section 1802 of this act takes

effect June 1, 2015."



On page 1, line 11 of the title, after "82.12.962," insert

"82.04.394"

Senators Zarelli and King spoke in favor of adoption of the

amendment.



the adoption of the amendment by Senators Zarelli, Carrel and

Schoesler on page 93, after line 36 to Substitute Senate Bill No.

6143.

The motion by Senator Zarelli failed and the amendment was

not adopted by a rising vote.

MOTION



Beginning on page 94, line 1, strike all of Part XIX




"82.08.0293, 82.12.0293,"

On page 1, beginning on line 16 of the title, after "chapter 82.32

RCW;" strike all material through "82.12 RCW;" on line 17

Senators Carrell and King spoke in favor of adoption of the

amendment.


POINT OF INQUIRY

Senator Honeyford: “Would Senator Tom yield to a

question? Definition of bottled water. Is it defined? and so is that

also include five gallon containers that we use in our water

dispensers throughout the Capitol and all the government

buildings?”

Senator Tom: “Thank you Senator from the Fifteenth. It is

my understanding that it does include that. I do believe that there

is an exemption in here for people who do not have potable water

so we have that taken into consideration.”

Senators Benton and Honeyford spoke in favor of adoption of

the amendment.

Senator Keiser spoke against adoption of the amendment.

POINT OF INQUIRY

Senator Delvin: “Would Senator Tom yield to a question?”



Senator Tom: “No.”






MOTION

Senator Haugen moved that the following amendment by

Senator Haugen be adopted:

0) On page 98, after line 14, insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter


(1) The tax levied by RCW 82.08.020 shall not apply to sales of

bottled water for human use to persons who do not otherwise have a

readily available source of potable water and who provide the seller

with an exemption certificate in a form and manner prescribed by

the department. The seller shall retain a copy of the certificate for

the seller‟s files.

(2) The department may waive the requirement for an

exemption certificate in the event of disaster or similar

circumstance.



The provisions of this chapter shall not apply in respect to the

use of bottled water for human use by persons who do not otherwise

have a readily available source of potable water."

Renumber the sections consecutively and correct any


On page 1, line 16 of the title, strike "adding a new section to

chapter 82.08 RCW; adding a new section to chapter 82.12 RCW",

insert "adding new sections to chapter 82.08; adding new sections to

chapter 82.12 RCW"

Senators Haugen and Honeyford spoke in favor of adoption of

the amendment.


the adoption of the amendment by Senator Haugen on page 98,


The motion by Senator Haugen carried and the amendment


MOTION

Senator Becker moved that the following amendment by

Senator Becker be adopted.

Beginning on page 98, after line 14, strike all of Part XX



On page 1, at the beginning of line 12 of the title, strike

"82.04.4451, 82.32.045,"

Senators Becker, Carrell, Zarelli, Parlette, King, Holmquist,

Pflug and Sheldon spoke in favor of adoption of the amendment.

Senators Tom, Hargrove and Gordon spoke against adoption

of the amendment.


the adoption of the amendment by Senator Becker on page 98,


The motion by Senator Becker failed and the amendment was


MOTION

Senator Ranker moved that the following amendment by

Senators Ranker and Brandland be adopted.

On page 98, line 23, strike "82.04.255"



Senator Ranker spoke in favor of adoption of the amendment.

Senators Zarelli and Pflug spoke against adoption of the

amendment.

POINT OF INQUIRY

Senator Sheldon: “Would Senator Ranker yield to a

question? The amendment you‟ve offered I see the effect section

here. It says, „eliminates real estate brokers from the increase B &

O tax. Does this amendment eliminate real estate agents from the

tax?”

Senator Ranker: “Yes, actually, I got a clarification on that

this morning. I had the same question when I saw the intent

language or the effect language. My understanding is that agents

are under brokers. It is an umbrella the way the commission

works and it splits between the two and the RCW which is

82.04.255, specifically goes into detail there. So my

understanding from our Ways & Means staff is yes, in fact it

does. This would voting in favor of this amendment would

remove brokers and agents from the B & O tax.”


the adoption of the amendment by Senators Ranker and

Brandland on page 98, line 23 to Substitute Senate Bill No. 6143.

The motion by Senator Ranker failed and the amendment was


MOTION

Senator Franklin moved that the following amendment by

Senators Franklin and Kastama be adopted:

On page 98, beginning on line 29, strike "the additional tax rate

under section 2001 of this act" and insert "tax under RCW's

82.04.290(2)(a), 82.04.255, and 82.04.285"

On page 98, beginning on line 32, strike "subject to the

additional tax rate under section 2001 of this act" and insert "subject

to the tax under RCW's 82.04.290(2)(a), 82.04.255, and 82.04.285"

On page 100, beginning on line 4, strike "additional rate under

section 2001 of this act," and insert "tax under RCW's

82.04.290(2)(a), 82.04.255, and 82.04.285"



Senator Franklin spoke in favor of adoption of the amendment.


the adoption of the amendment by Senators Franklin and

Kastama on page 98, line 29 to Substitute Senate Bill No. 6143.

The motion by Senator Franklin carried and the amendment


MOTION

Senator Holmquist moved that the following amendment by

Senator Holmquist be adopted:

Beginning on page 100, after line 12, strike all of Part XXI



On page 112, line 5, after "406," strike "2103,"


On page 112, after line 18, strike all of sections 2214 and 2215



On page 1, beginning on line 12 of the title, after "82.04.4451,"

strike all material through "82.14.410" on line 13 and insert "and

82.32.045"


material through "82.08.064" and insert "and 82.04.360"

On page 1, beginning on line 18 of the title, after "82.04.394;"

strike "making an appropriation;"

Senators Holmquist, Schoesler and Benton spoke in favor of


Senators Brown, Murray and Hargrove spoke against


Senator Delvin spoke on adoption of the amendment.

Senator Pflug spoke in favor of adoption of the amendment.

POINT OF ORDER

Senator Eide: “I guess I‟m confused, I‟m confused Mr.

President. I thought we were talking about an amendment. We‟re

not talking about the overall bill that‟s before us. I guess I‟m

confused.”


President Owen: “Senator Eide is correct and members have

been swaying way away from the amendment but until a person

makes a point of order that‟s what going to happen. She‟s made

the point of order, please talk to the amendment.” Senator McAuliffe spoke against adoption of the amendment. Senator Carrell spoke in favor of adoption of the amendment.

POINT OF ORDER

Senator Eide: “We are not discussing 960. We are

discussing the revenue before us.”


President Owen: “Senator Carrell, she is correct. You are to

speak to the amendment.”

REMARKS BY SENATOR CARRELL

Senator Carrell: “I understand, but I‟m trying, Mr.

President, to help this body understand the frustration that the

people in my district are feeling about the actions being taken

here today. I‟m not impugning anybody‟s motives, I don‟t see

why this is a problem.”


President Owen: “Well, Senator, the rule requires that you

speak to the merits and demerits of the amendment itself.” Senator Keiser spoke against adoption of the amendment. Senators Roach, Sheldon and Honeyford spoke in favor of adoption of the amendment.


the adoption of the amendment by Senator Holmquist on page

100, after line 12 to Substitute Senate Bill No. 6143.

The motion by Senator Holmquist failed and the amendment



On motion of Senator Brown, the amendment by Senator

Shin on page 101, line 15 to Substitute Senate Bill No. 6143 was

withdrawn.

MOTION

Senator Zarelli moved that the following amendment by

Senator Zarelli be adopted:

On page 102, line 26, after "price.", insert "During any period in

which the tax in this subsection (5) is imposed beyond June 30,

2013, no member of the legislature shall receive any allowances for

expenses under Title 44 RCW, including per diem expenses and

quarterly expense allowances."




Except as provided in RCW 82.08.020(5), each member of the

senate or house of representatives when serving on official

legislative business shall be entitled to receive, in lieu of per diem or

any other payment, for each day or major portion thereof in which

he or she is actually engaged in legislative business or business of

the committee, commission, or council, notwithstanding any laws to

the contrary, an allowance in an amount fixed by the secretary of the

senate and chief clerk of the house, respectively, in accordance with

applicable rules and resolutions of each body. Such allowance

shall be reasonably calculated to reimburse expenses, exclusive of

mileage, which are ordinary and necessary in the conduct of

legislative business, recognizing cost variances which are

encountered in different locales. The allowance authorized shall

not exceed the greater of forty-four dollars per day or the maximum

daily amount determined under RCW 43.03.050, as now or

hereafter amended. In addition, a mileage allowance shall be paid

at the rate per mile provided for in RCW 43.03.060, as now or

hereafter amended, when authorized by the house, committee,

commission, or council of which he or she is a member and on the

business of which he or she is engaged."

Renumber the sections consecutively and correct internal


On page 1, line 12 of the title, after "82.08.020," insert

"44.04.120,"

Senators Zarelli and Tom spoke in favor of adoption of the

amendment.


the adoption of the amendment by Senator Zarelli on page 102,


The motion by Senator Zarelli carried and the amendment


MOTION

Senator Brown moved that the following amendment by

Senators Brown and Zarelli be adopted:

On page 103, line 1, strike all of section 2104.

On page 106, line 14, strike all of section 2107.



On page 1, line 12 of the title, after "82.08.0206,", strike

"43.135.035,"

Senators Brown and Zarelli spoke in favor of adoption of the

amendment.




the adoption of the amendment by Senators Brown and Zarelli on


The motion by Senator Brown carried and the amendment


MOTION

Senator Holmquist moved that the following amendment by

Senators Holmquist and Benton be adopted:

0) On page 112, beginning on line 1, strike all material through

line 9.




"NEW SECTION. Sec. 2219. The secretary of state shall

submit this act to the people for their adoption and ratification, or

rejection, at the next general election to be held in this state, in

accordance with Article II, section 1 of the state Constitution and the

laws adopted to facilitate its operation."

On page 1, line 20 of the title, after "and", strike the remainder

of the title and insert "providing for submission of this act to a vote

of the people."

Senator Holmquist spoke in favor of adoption of the

amendment.

POINT OF ORDER

Senator Eide: “I believe that we are discussing an

amendment before us not polls and 960 again. I don‟t even know

what she‟s talking about I guess.”


President Owen: “Senator Eide, the President believes that

her remarks are appropriate in the fact that both of them are a

ballot issue placing these revenues on the ballot. Senator

Holmquist please continue.”

Senator Benton spoke in favor of adoption of the amendment.

Senators Tom and Jacobsen spoke against adoption of the

amendment.


the adoption of the amendment by Senators Holmquist and

Benton on page 112, line 1 to Substitute Senate Bill No. 6143.

The motion by Senator Holmquist failed and the amendment

was not adopted by a rising vote.

MOTION



0) On page 112, line 5, after "406," insert "1901, 1902, 1903,

1904,"


"NEW SECTION. Sec. 2217. Sections 1901, 1902, 1903,

and 1904 take effect at such time the national streamline sales tax

agreement is amended to allow for the sales tax to apply to bottled

water."

Renumber the remaining sections consecutively and correct

any internal references accordingly.


On motion of Senator Carrell, the amendment by Senator

Carrell on page 112, line 5 to Substitute Senate Bill No. 6143 was

withdrawn.

MOTION

Senator Hatfield moved that the following amendment by

Senator Hatfield be adopted:

On page 112, on line 24, strike "2015" and insert "2013"



Senator Hatfield spoke in favor of adoption of the

amendment.


the adoption of the amendment by Senator Hatfield on page 112,


The motion by Senator Hatfield carried and the amendment


MOTION

Senator Brown moved that the following striking amendment

by Senator Shin be adopted:


following:

"NEW SECTION. Sec. 1. The legislature finds that the

economic crisis has impacted the many Washington families which

do not earn enough annually to keep pace with increasing health

care, child care, and work-related expenses. The legislature further

finds that revenues are insufficient to maintain necessary funding for

education, public safety, health care, and safety net services for

elderly, disabled, and vulnerable people during the unprecedented

economic crisis in the 2009-2011 fiscal biennium. Therefore, it is

the intent of the legislature to provide a means to stabilize revenue

collections by imposing a temporary sales and use tax. It is also the

legislature's intent to provide relief to lower-income working

families in Washington in the form of a sales and use tax exemption.



(1) There is levied and ((there shall be)) collected a tax on each

retail sale in this state equal to six and five-tenths percent of the

selling price.

(2) There is levied and ((there shall be)) collected an additional

tax on each retail car rental, regardless of whether the vehicle is

licensed in this state, equal to five and nine-tenths percent of the

selling price. The revenue collected under this subsection ((shall))

must be deposited in the multimodal transportation account created

in RCW 47.66.070.

(3) Beginning July 1, 2003, there is levied and collected an

additional tax of three-tenths of one percent of the selling price on

each retail sale of a motor vehicle in this state, other than retail car

rentals taxed under subsection (2) of this section. The revenue

collected under this subsection ((shall)) must be deposited in the


(4) For purposes of subsection (3) of this section, "motor

vehicle" has the meaning provided in RCW 46.04.320, but does not

include farm tractors or farm vehicles as defined in RCW 46.04.180

and 46.04.181, off-road and nonhighway vehicles as defined in

RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.

(5)(a) From June 1, 2010, until June 30, 2013, in addition to the

tax imposed upon each retail sale in this state set forth in subsection

(1) of this section, there is imposed a tax in an amount equal to one

percent of the selling price.

(b)(i) When the state's unemployment rate decreases to six and


five-tenths percent for four continuous months, the rate of one

percent in this subsection (5) must be reduced to one-half of one

percent.

(ii) When the state's unemployment rate decreases to five

percent for four continuous months, no additional tax may be

imposed under this subsection (5).

(6) Beginning on December 8, 2005, 0.16 percent of the taxes

collected under subsection (1) of this section ((shall)) must be

dedicated to funding comprehensive performance audits required

under RCW 43.09.470. The revenue identified in this subsection

((shall)) must be deposited in the performance audits of government


(((6))) (7) The taxes imposed under this chapter ((shall)) apply

to successive retail sales of the same property.

(((7))) (8)(a) Until January 1, 2011, the tax imposed in

subsection (3) of this section and the dedication of revenue provided

for in subsection (((5))) (6) of this section((,)) do not apply with

respect to the sales of new passenger cars, light duty trucks, and

medium duty passenger vehicles, which utilize hybrid technology

and have a United States environmental protection agency estimated

highway gasoline mileage rating of at least forty miles per gallon.

(b) As used in this subsection, "hybrid technology" means

propulsion units powered by both electricity and gasoline.

(((8))) (9) The rates provided in this section apply to taxes

imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

Sec. 3. RCW 82.08.020 and 2006 c 1 s 3 are each amended to

read as follows:

(1) There is levied and ((there shall be)) collected a tax on each

retail sale in this state equal to six and five-tenths percent of the

selling price.

(2) There is levied and ((there shall be)) collected an additional

tax on each retail car rental, regardless of whether the vehicle is

licensed in this state, equal to five and nine-tenths percent of the

selling price. The revenue collected under this subsection ((shall))

must be deposited in the multimodal transportation account created

in RCW 47.66.070.

(3) Beginning July 1, 2003, there is levied and collected an

additional tax of three-tenths of one percent of the selling price on

each retail sale of a motor vehicle in this state, other than retail car

rentals taxed under subsection (2) of this section. The revenue

collected under this subsection ((shall)) must be deposited in the


(4) For purposes of subsection (3) of this section, "motor

vehicle" has the meaning provided in RCW 46.04.320, but does not

include farm tractors or farm vehicles as defined in RCW 46.04.180

and 46.04.181, off-road and nonhighway vehicles as defined in

RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.

(5)(a) From June 1, 2010, until June 30, 2013, in addition to the

tax imposed upon each retail sale in this state set forth in subsection

(1) of this section, there is imposed a tax in an amount equal to one

percent of the selling price.

(b)(i) When the state's unemployment rate decreases to six and

five-tenths percent for four continuous months, the rate of one

percent in this subsection (5) must be reduced to one-half of one

percent.

(ii) When the state's unemployment rate decreases to five

percent for four continuous months, no additional tax may be

imposed under this subsection (5).

(6) Beginning on December 8, 2005, 0.16 percent of the taxes

collected under subsection (1) of this section ((shall)) must be

dedicated to funding comprehensive performance audits required

under RCW 43.09.470. The revenue identified in this subsection

((shall)) must be deposited in the performance audits of government


(((6))) (7) The taxes imposed under this chapter ((shall)) apply

to successive retail sales of the same property.

(((7))) (8) The rates provided in this section apply to taxes

imposed under chapter 82.12 RCW as provided in RCW 82.12.020.



(1) A working families' tax exemption, in the form of a

remittance tax due under this chapter and chapter 82.12 RCW, is

provided to eligible low-income persons for sales taxes paid under

this chapter after ((January 1, 2008)) June 1, 2010.

(2) For purposes of the exemption in this section, an eligible

low-income person is:

(a) An individual, or an individual and that individual's spouse if

they file a federal joint income tax return;

(b) (([An individual who])) An individual who is eligible for,

and is granted, the credit provided in ((Title)) 26 U.S.C. Sec. 32 of

the federal internal revenue code; and

(c) (([An individual who])) An individual who properly files a

federal income tax return as a Washington resident, and has been a

resident of the state of Washington more than one hundred eighty

days of the year for which the exemption is claimed.

(3)(a) For remittances made in ((2009 and 2010)) 2011, the

working families' tax exemption for the prior year is a retail sales tax

exemption equal to the greater of twenty-five dollars or five percent

of the credit granted as a result of ((Title)) 26 U.S.C. Sec. 32 of the

federal internal revenue code in the most recent year for which data

is available ((or twenty-five dollars)), adjusted by a proportionate

amount reflecting the seven months of increased tax imposed in

sections 2 and 3 of this act in calendar year 2010.

(b) For remittances made in 2012, the working families' tax

exemption for the prior year is a retail sales tax exemption equal to

the greater of five percent of the credit granted as a result of 26

U.S.C. Sec. 32 of the federal internal revenue code in the most

recent year for which data is available or twenty-five dollars.

(c) For ((2011)) 2013 and thereafter, the working families' tax

exemption for the prior year is equal to the greater of ten percent of

the credit granted as a result of ((Title)) 26 U.S.C. Sec. 32 of the

federal internal revenue code in the most recent year for which data

is available or fifty dollars.

(4) For any fiscal period, the working families' tax exemption

authorized under this section ((shall)) must be approved by the

legislature in the state omnibus appropriations act before persons

may claim the exemption during the fiscal period.

(5) The working families' tax exemption ((shall)) must be

administered as provided in this subsection.

(a) An eligible low-income person claiming an exemption under

this section must pay the tax imposed under chapters 82.08, 82.12,

and 82.14 RCW in the year for which the exemption is claimed.

The eligible low-income person may then apply to the department

for the remittance as calculated under subsection (3) of this section.

(b) Application ((shall)) must be made to the department in a

form and manner determined by the department, ((but the)) except

for the following:

(i) The department must provide alternative filing methods for

applicants who do not have access to electronic filing; and

(ii) The department must allow joint filing for exemptions

claimed under this section in 2012 and thereafter with the federal

joint income tax return.

(c) Application for the exemption remittance under this section

must be made in the year following the year for which the federal

return was filed, but in no case may any remittance be provided for

any period before ((January 1, 2008)) June 1, 2010. The

department may use the best available data to process the exemption

remittance. The department ((shall)) must begin accepting

applications ((October 1, 2009)) January 1, 2011.

(d) The department ((shall)) must review the application and

determine eligibility for the working families' tax exemption based

on information provided by the applicant and through audit and



other administrative records, including, when it deems it necessary,

verification through internal revenue service data.

(e) The department ((shall)) must remit the exempted amounts

to eligible low-income persons who submitted applications.

Remittances may be made by electronic funds transfer or other

means.

(f) The department may, in conjunction with other agencies or

organizations, design and implement a public information campaign

to inform potentially eligible persons of the existence of and

requirements for this exemption.

(g) The department may contact persons who appear to be

eligible low-income persons as a result of information received from

the internal revenue service under such conditions and requirements

as the internal revenue service may by law require.

(6) The provisions of chapter 82.32 RCW apply to the

exemption in this section.

(7) The department may adopt rules necessary to implement this

section.

(8) For the remittances provided in fiscal year 2015 and

thereafter, the department ((shall)) must limit its ongoing costs

((for)) to administer the exemption program to ((the initial start-up

costs to implement the program. The state omnibus appropriations

act shall specify funding to be used for the ongoing administrative

costs of the program. These ongoing administrative costs include,

but are not limited to, costs for: The processing of internet and mail

applications, verification of application claims, compliance and

collections, additional full-time employees at the department's call

center, processing warrants, updating printed materials and web

information, media advertising, and support and maintenance of

computer systems)) no more than five percent of the total

exemptions provided each year.



(1) A sales and use tax rate change under this chapter or chapter

82.12 RCW shall be imposed (a) no sooner than seventy-five days

after its enactment into law and (b) only on the first day of January,

April, July, or October.

(2) Subsection (1) of this section does not apply to the tax rate

change in section 301, chapter 361, Laws of 2003 or to the tax rate

changes in sections 2 and 3 of this act.

(3)(a) A sales and use tax rate increase under this chapter or

chapter 82.12 RCW imposed on services applies to the first billing

period starting on or after the effective date of the increase.

(b) A sales and use tax rate decrease under this chapter or

chapter 82.12 RCW imposed on services applies to bills rendered on

or after the effective date of the decrease.

(c) For the purposes of this subsection (3), "services" means

retail services such as installing and constructing and retail services

such as telecommunications, but does not include services such as

tattooing.

NEW SECTION. Sec. 6. Section 2 of this act expires

January 1, 2011.

NEW SECTION. Sec. 7. Section 3 of this act takes effect

January 1, 2011.

NEW SECTION. Sec. 8. Except for section 3 of this act, this

act is necessary for the immediate preservation of the public peace,

health, or safety, or support of the state government and its existing

public institutions, and takes effect June 1, 2010."



On page 1, line 4 of the title, after "amending RCW", strike

through page 1 line 20 "declaring an emergency.", and insert

"82.08.020, 82.08.020, 82.08.0206; reenacting and amending

82.08.064; creating a new section; providing effective dates;

providing an expiration date; and declaring an emergency."

Senator Brown spoke in favor of adoption of the striking

amendment.


the adoption of the striking amendment by Senator Shin to

Engrossed Substitute Senate Bill No. 6143.

The motion by Senator Brown failed and the striking

amendment was not adopted by voice vote.

MOTION

On motion of Senator Eide, further consideration of

Engrossed Substitute Senate Bill No. 6143 was deferred and the

bill held its place on the days calendar.

MOTION

At 3:50 p.m., on motion of Senator McDermott, the Senate

adjourned until 12:00 noon, Sunday, March 7, 2010.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate


2488-S

Introduction & 1st Reading .................................................... 1

3132-S


3182-S


3209-S

Messages ............................................................................... 1

5543-S

Final Passage as amended by House ................................... 14

Messages ............................................................................... 9

Other Action ........................................................................ 14

5668-S

Messages ............................................................................... 3

6143

Committee Report ................................................................. 1

Second Reading ................................................................. 124

6143-S

Other Action ...................................................................... 136

Other Action .............................................................. 128, 133

Second Reading ..124, 125, 127, 128, 130, 131, 132, 133, 134

6208-S

Final Passage as amended by House ................................. 124

Messages ........................................................................... 123

Other Action ...................................................................... 124

6345-S

Messages ............................................................................... 4

6350-S

Messages ............................................................................... 4

Other Action .......................................................................... 9

6361-S

Messages ............................................................................... 1

6379

Final Passage as amended by House ................................. 123

Messages ............................................................................. 14

Other Action ..................................................................... 122

6540

Messages ............................................................................... 1

6874

Committee Report ................................................................. 1

8714

Adopted ................................................................................. 2

Introduced ............................................................................. 2

PRESIDENT OF THE SENATE

Intro. Special Guest, Swedish Consulates ............................. 2

Reply by the President ....... 124, 126, 127, 128, 129, 132, 133

Ruling by the President, Senate Rule 25 ........................... 124

WASHINGTON STATE SENATE

Personal Privilege, Senator Franklin ................................. 129

Point of Inquiry, Senator Delvin ....................................... 131

Point of Inquiry, Senator Honeyford ................................. 131

Point of Inquiry, Senator Sheldon ..................................... 131

Point of Order, Senator Benton ................................. 124, 127

Point of Order, Senator Brown .......................................... 127

Point of Order, Senator Eide ..................................... 132, 133

Point of Order, Senator Pflug ............................................ 128

Point of Order, Senator Roach .......................................... 126

Point of Order, Senator Schoesler ..................................... 129

Remarks by Senator Carrell .............................................. 132

Remarks by Senator Hewitt .............................................. 129

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